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BOWERS v. GARDNER

No. 42,082

187 Kan. 720 (1961)

360 P.2d 17

FRED I. BOWERS and JUANITA F. BOWERS, husband and wife, and EUGENE CUMLEY, Appellees, v. J.L. GARDNER, E.E. BAIRD, A.E. HOWSE, JOHN MADDEN and JOHN STEVENS, as members of the governing body, the Board of City Commissioners of Wichita; the CITY OF WICHITA, KANSAS, and C.H. FUNK, City Clerk of said City, Appellants.

Supreme Court of Kansas.

Opinion filed March 4, 1961.

Attorney(s) appearing for the Case

Eugene L. Pirtle, of Wichita, argued the cause, and Fred W. Aley and Charles A. Sparks, Jr., both of Wichita, were with him on the brief for the appellants.

J. Francis Hesse, of Wichita, argued the cause, and Emmett A. Blaes, Roetzel Jochems, Robert G. Braden, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer, Harry L. Hobson, and Bruce W. Zuercher, all of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the district court of Sedgwick County which enjoined and restrained the City of Wichita from certifying and collecting special assessments against the property of the plaintiffs pursuant to ordinances creating a benefit district and apportioning and assessing the costs of acquiring certain lands against the tracts of land in...

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