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COLORADO OIL & GAS CORP. v. CITY OF TOPEKA

No. 44,351

196 Kan. 337 (1966)

411 P.2d 586

COLORADO OIL AND GAS CORPORATION, a Corporation, Appellant, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1966.

Attorney(s) appearing for the Case

C. Robert Bell, of Wichita, argued the cause, and Lester L. Morris, Verne M. Laing, Ferd E. Evans, Jr., Ralph R. Brock, Joseph W. Kennedy, and Robelt L. Driscoll, all of Wichita, were with him on the briefs for the appellant.

Donald S. Simons, Assistant City Attorney, of Topeka, argued the cause, and John W. Lewis, Gary A. Savaiano, William B. McCormick, and William L. Harris, Jr., all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This was an action to enjoin the City of Topeka from collecting an assessment levied upon lots 9 and 10, Sunnymede, Second Addition to Topeka. A special assessment was made by the city to defray the cost of paving a block of Randolph Avenue Immediately south of 29th Street, upon which the lots leased by appellant abutted. From an adverse judgment in the district court appellant has perfected this appeal....

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