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HURLEY v. BOARD OF COUNTY COMMISSIONERS

No. 42,012

188 Kan. 60 (1961)

360 P.2d 1110

LEA ROY T. HURLEY, MARGARET HURLEY, JEFF BARNES, STELLA S. SIMMONS and A.B. GLATHART, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, STATE OF KANSAS, sitting and acting as the Governing Body of RIVERSIDE SEWER DISTRICT No. 8 in DOUGLAS COUNTY, KANSAS; WALTER KAMPSCHROEDER, ELMER OUSDAHL and WILL H. HAYDEN, members of the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, STATE OF KANSAS; and D.E. MATHIA, County Clerk of the County of Douglas, State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

Raymond F. Rice and Robert B. Oyler, both of Lawrence, argued the cause and were on the brief for the appellants.

Charles D. Stough, of Lawrence, argued the cause, and James W. Paddock, of Lawrence, was with him on the brief for the appellees.

The opinion of the court was delivered by

PRICE, J.:

Plaintiffs are the owners of land located within Riverside Sewer District No. 8 in Douglas county. They brought this action under the authority of G.S. 1949, 60-1121, to enjoin the defendant public officials from entering on the tax rolls of the county a special assessment levied for the construction of a main trunk sewer in the district.

The trial court denied injunctive relief, and plaintiff landowners...

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