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MAI v. CITY OF TOPEKA

No. 43,019

191 Kan. 589 (1963)

383 P.2d 553

LESLIE O. MAI (Plaintiff), JAMES M. BURRELL and CLARA M. BURRELL, his wife, and PHILIP I. HAMMER (Substituted as an additional plaintiff in the court below), Appellants, v. CITY OF TOPEKA, KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

Jacob A. Dickinson and Ralph E. Skoog, both of Topeka, argued the cause, and Sam A. Crow, Bill G. Honeyman and Hart Workmen, all of Topeka, were with them on the briefs for the appellants.

C. Bruce Works, of Topeka, argued the cause, and John W. Lewis, William B. McCormick, Donald S. Simons and William L. Harris, Jr., all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action by landowners to enjoin the City of Topeka and designated officials from certifying to the County Clerk of Shawnee County for collection, or attempting to collect, certain assessments made against their real estate in connection with the curbing, guttering, and paving of a street. The plaintiffs have appealed from a judgment denying them injunctive relief.

The claims of the...

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