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BARTEN v. TURKEY CREEK WATERSHED JOINT DISTRICT NO. 32

No. 44,932

200 Kan. 489 (1968)

438 P.2d 732

ROYAL BARTEN, EDWIN ANDERES, WILLIAM KINGSBURY, ALFRED BARTEN, CAROLYN BARTEN, GEORGE TISCHHAUSER, ALDEN BARTEN, MARA LYNNE BARTEN, FRED BARTEN, LOWELL BARTEN, CLINTON ANDERES, WAYNE BEEMER, GEORGE PIPER, C.A. PIPER, T.E. PIPER, ALBERT PIPER, ELEANOR MURPHY, WILLIAM SCHWARTZMAN, OTILLIA HEIN, and the STATE OF KANSAS, ex rel., MAX M. HINKLE, County Attorney of Dickinson County, Kansas, Appellants and Cross Appellees, v. TURKEY CREEK WATERSHED JOINT DISTRICT No. 32 of Dickinson and Marion Counties, Kansas, Appellee and Cross Appellant, and GRANT ENGLE, BILL HARRIS, GENE MEULI, LOUIS GUTHALS, DELMAR SANDOW, DEAN RHODES, WILLIAM KOHMAN, LOWELL ABELDT, GENE LORSON, LOWELL DAVIDSON, MARVIN STRUNK, FELIX BOLLIGER, RAYMOND IHDE and MILTON JACOBSON, Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1968.

Attorney(s) appearing for the Case

Theodore C. Geisert, of Kingman, argued the cause, and Max M. Hinkle, County Attorney, was with him on the brief for the appellants and cross appellees.

Elvin D. Perkins, of Emporia, argued the cause, and John H. Lehman, D.V. Romine and William A. Guilfoyle, all of Abilene, and Everett E. Steerman and Keith A. Greiner, both of Emporia, were with him on the brief for the appellees and cross appellant.

Harry T. Coffman and Stephen Jones, both of Lyndon, were on the brief for the appellees, amici curiae.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to enjoin a Watershed District and the individual members of its board of directors from putting into operation the proposed method of financing the General Plan of improvement on the ground that it is alleged to be unlawful. If the method of financing was held to be lawful the petition sought mandamus to force the holding of an election on such method of financing only.

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