BISHOP v. SEWER DISTRICT NO. 1

No. 41,420

184 Kan. 376 (1959)

336 P.2d 815

LOYLE BISHOP, C.H. CHAMBERS, JR., W.P. DAHNKE, JAMES DARGON, C.W. DAVIS, C.R. ENGEL, MYRON HOLMAN, CLAY P. HOLMES, W.H. MORRISON, JR., FERD C. MUELLER, MAX R. MURRAY, ROBERT S. MURRAY, EDNA L. PARSONS, CHARLES E. ROEBUCK, EUGENE ROOS, JOE L. RUTHERFORD, AL SILK, ROY SPEAR, HOWARD F. WELCH, G.G. YANCEY, and JOSEPH R. WRIGHT, Appellants, v. SHAWNEE & MISSION TOWNSHIPS TURKEY CREEK MAIN SEWER DISTRICT No. 1, Johnson County, Kansas, and HARRY KING, JR., HERMAN F. HIGGINS, and M.J. ZEIGLER, as County Commissioners of Johnson County, Kansas, and the GOVERNING BODY OF SHAWNEE & MISSION TOWNSHIPS TURKEY CREEK MAIN SEWER DISTRICT No. 1, Appellees.

Supreme Court of Kansas.

Opinion filed March 18, 1959.


Attorney(s) appearing for the Case

Louis A. Silks, Jr., of Merriam, argued the cause and was on the briefs for the appellants.

James B. Pearson, of Mission, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This was an action by several taxpayers in the Shawnee and Mission townships Turkey Creek main sewer district No. 1 to enjoin the district and the officers thereof from levying a proposed tax on their property. From an order of the trial court sustaining defendants' demurrer, plaintiffs appeal.

Plaintiffs' petition alleged that in a special election called by defendants on May 27, 1958, the question...

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