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MOUNT HOPE CEMETERY CO. v. CITY OF TOPEKA

Nos. 42,972, 42,985

190 Kan. 702 (1963)

378 P.2d 30

THE MOUNT HOPE CEMETERY COMPANY, a Corporation; HARLAN K. SCHLICHER; PERCE P. HARVEY, JR.; LESTER R. GIBBS; KELSEY M. PETRO; CLIF STRATTON, et al., Appellants, v. THE CITY OF TOPEKA, KANSAS, a Municipal Corporation; E.J. CAMP, Mayor; PRESTON HALE, LOUIS E. HOWARD, FRANK J. WARREN, WILLIAM R. MALLORY, Commissioners; and EDWIN R. JONES, City Clerk, Appellees. THE MOUNT HOPE CEMETERY COMPANY, a Corporation; HARLAN K. SCHLICHER; PERCE P. HARVEY, JR.; LESTER R. GIBBS; KELSEY M. PETRO; CLIF STRATTON, et al., Appellees, v. THE CITY OF TOPEKA, KANSAS, a Municipal Corporation; E.J. CAMP, Mayor; PRESTON HALE, LOUIS E. HOWARD, FRANK J. WARREN, WILLIAM R. MALLORY, Commissioners; and EDWIN R. JONES, City Clerk, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

O.B. Eidson, of Topeka, argued the cause, and Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., E. Gene McKinney, Frank C. Sabatini, William G. Haynes, and Roscoe E. Long, all of Topeka, were with him on the briefs for the Mount Hope Cemetery Company.

Bruce Works and Donald S. Simons, both of Topeka, argued the cause, and John W. Lewis and William B. McCormick, both of Topeka, were with them on the briefs for the city of Topeka.

The opinion of the court was delivered by

ROBB, J.:

This consolidated case consists of two separate and distinct appeals in an injunction proceeding involving the same parties but different questions. The first was brought by the cemetery and the second by the city.

The cemetery appeal is from the order of the trial court holding the property of the cemetery lying north of Seventeenth Street in the city of Topeka was subject to a levy of special assessments...

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