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HESSELL v. LATERAL SEWER DISTRICT

No. 45,223

202 Kan. 499 (1969)

449 P.2d 496

CLARENCE W. HESSELL, JR., and CORINE HESSELL, Husband and Wife, Appellees, v. LATERAL SEWER DISTRICT No. T-39, within SHAWNEE and MISSION TOWNSHIPS TURKEY CREEK MAIN SEWER DISTRICT No. 1, JOHNSON COUNTY, KANSAS, and KENNETH HEARD, HERMAN F. HIGGINS and CARL STANDIFORD, AS THE GOVERNING BODY OF SAID DISTRICTS and COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed January 25, 1969.

Attorney(s) appearing for the Case

James H. Bradley, of Olathe, argued the cause and was on the brief for the appellants.

Louis A. Silks, Jr., of Shawnee Mission, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from a judgment setting aside, as void, an assessment for lateral sewer improvements on plaintiffs' property in the city of Merriam, Johnson county, Kansas.

No question is raised concerning the creation and existence of the sewer district or the general authority of its governing body to make sewer improvements and levy special assessments therefor. The assessment was made September...

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