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SCHULENBERG v. CITY OF READING

No. 44,234

196 Kan. 43 (1966)

410 P.2d 324

E.F. SCHULENBERG, ROY TABER, MRS. M. VAN VALKENBURG, EARL LOVE, EMMETT L. JACKSON, H.P. LOOMIS, W.D. PEARSON, ARTHUR G. GREEN, NOBLE W. JONES, WARREN D. PARRY, W.W. PARRY, R.L. BOOTH, CLARENCE E. JONES, W.A. KELLER, N.E. PYLE, J.W. NEWMAN, JAMES SMITH, H.J. LINSEY, MRS. FLOYD B. REED, H.J. BROWN, MYRON VANGUNDY, WALTER S. BRIGGS, FRED F. BARRETT, ROY D. MOCHAMER, JR., H.L. ROULAND, R.D. MOCHAMER, LOUIS RIX, LEO DeDONDER, FRED DREASHER, W.W. COFFMAN, FRED MATILE, W.H. BROWN, Appellants, v. THE CITY OF READING, KANSAS, A Municipal Corporation, and LEE COWDEN, as Mayor, LOUIS WHITTINGTON, ROY JOHNS, PATRICK DUGGAN, CHARLES SCHLOBOHM, and RONALD HOOPER, as Council Members, and J.M. HENSEN, as City Clerk, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

Leonard W. McAnarney, of Lyndon, argued the cause and was on the briefs for appellants.

John G. Atherton, of Emporia, argued the cause, and Samuel Mellinger, of Emporia, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This action was brought by a group of taxpayers pursuant to K.S.A. 60-907, to enjoin the collection of special assessments made by the city of Reading for the purpose of financing the construction of a sewer system.

Reading is a city of the third class, and acting pursuant to K.S.A. 12-617 and 12-618 it created a sewer district comprising the entire area within the corporate limits, except a very...

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