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MULLINS v. CITY OF EL DORADO

No. 44,910

200 Kan. 336 (1968)

436 P.2d 837

MINNIE E. MULLINS, JOHN R. ANDERSON, EDITH CAPITOLA ANDERSON, ROY A. PHILLIPS, JR., ETHELENE E. PHILLIPS, et al., Appellees, v. THE CITY OF EL DORADO, KANSAS, a municipal corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1968.

Attorney(s) appearing for the Case

M.F. Litras, city attorney, and R.C. Woodward, of El Dorado, argued the cause, and H. Pauline Woodward, of El Dorado, was with them on the brief for the appellant.

Ervin E. Grant and Robert M. Bond, of El Dorado, argued the cause, and L.J. Bond, of El Dorado, was with them on the brief for the appellees.

The opinion of the court was delivered by

O'CONNOR, J.:

This action was instituted by the owners of three tracts of land to enjoin the City of El Dorado from proceeding to levy and collect special assessments made against plaintiffs' properties for financing the construction of a sanitary sewer system. From a judgment of the lower court granting plaintiffs injunctive relief, the defendant city has appealed.

In May 1962, the plaintiffs, with the exception...

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