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NEWSON v. CITY OF WICHITA

No. 41,712

186 Kan. 444 (1960)

351 P.2d 10

FRANCES C. NEWSON and MARY V. NEWSON, JAMES L. HINCKLEY and LORENA JO HINCKLEY, FERD G. MUELLER and BETHENE MUELLER, D.J. MITCHELL and BETH H. MITCHELL, HARRY N. STILES and GLENNA M. STILES, JOHN P. SHEFFIELD and LONA M. SHEFFIELD, W.F. BARTON, DONALD W. COULSON and VERDENIA L. COULSON, Appellees, v. CITY OF WICHITA, KANSAS, a Municipal Corporation; A.E. HOWSE, Mayor and City Commissioner of the City of Wichita, Kansas; CLAUDE M. DeVORSS, E.E. BAIRD, JAMES L. GARDNER and H.D. LESTER, City Commissioners of the City of Wichita, Kansas, as Members of the Board of Commissioners of the City of Wichita, Kansas, and the Governing Body of the City of Wichita, Kansas; and C.C. ELLIS, City Clerk of the City of Wichita, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

Douglas E. Shay, of Wichita, argued the cause, and Fred W. Aley, of Wichita, was with him on the briefs for the appellants.

Donald E. Lambdin, of Wichita, argued the cause, and Milton Zacharias, Kenneth H. Hiebsch, Richard A. Render, Albert L. Kamas and David G. Arst, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to have a special assessment against the plaintiffs' real property for paving a certain alley in the City of Wichita, Kansas, declared illegal and void, and to enjoin the City and its officials from certifying the assessment to the county clerk.

The plaintiffs (appellees) are the owners of lots 3 to 10, inclusive, (see sketch) in Englewood Addition. The assessment ordinance...

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