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STATE HIGHWAY COMMISSION v. CITY OF TOPEKA

No. 43,463

193 Kan. 335 (1964)

393 P.2d 1008

STATE HIGHWAY COMMISSION OF KANSAS, Appellant, v. CITY OF TOPEKA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1964.

Attorney(s) appearing for the Case

Barton E. Griffith, Assistant Attorney, and Charles N. Henson, Assistant Attorney General, of Topeka, argued the cause and were on the briefs for appellant.

C. Bruce Works, of Topeka, argued the cause, and George D. Wagstaff, City Attorney, and Patrick L. Connolly and William L. Harris, Jr., of Topeka, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The sole question presented is whether the city of Topeka, a municipal corporation, has authority to subject real property owned by the State Highway Commission to special assessment for public improvements.

The city of Topeka created a Storm Sewer District which included within its boundaries certain real property owned by the State Highway Commission, an agency of the state of Kansas. The

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