SKAGGS v. CITY OF PRATT

No. 41,043

183 Kan. 424 (1958)

327 P.2d 1083

D. CURTIS SKAGGS and ELEANOR-BETH SKAGGS, his wife, Appellants, v. THE CITY OF PRATT, a Municipal Corporation; MURL F. PHINNEY, as City Engineer of the City of Pratt, Appellees.

Supreme Court of Kansas.

Opinion filed July 7, 1958.


Attorney(s) appearing for the Case

Richard Barrett, of Pratt, argued the cause, and George Barrett, of Pratt, was with him on the briefs for the appellants.

John Megaffin, of Pratt, argued the cause and was on the briefs for the appellees.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court sustaining a general demurrer to a petition seeking injunctive relief against the defendant city coupled with a further reason that plaintiffs have a plain and adequate remedy at law and are not entitled to the equitable relief sought by their petition.

We will summarize as much as possible the contents of the petition and a resolution of the city...

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