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WEST WICHITA HOMEOWNERS ASS'N., INC. v. CITY OF WICHITA

No. 45,844

206 Kan. 232 (1970)

477 P.2d 951

WEST WICHITA HOMEOWNERS ASSOCIATION, INC., and JOHN WILLIAM SOUZA, Appellants, v. CITY OF WICHITA, and THE HONORABLE BOARD OF CITY COMMISSIONERS, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Ronald W. Mayes, of Wichita, argued the cause and was on the brief for the appellants.

Eugene L. Pirtle, Assistant City Attorney, argued the cause, and John Dekker, City Attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

The plaintiff, John William Souza, resides in the western reaches of Wichita. His property, in Westlink 5th addition has been included within a benefit sewer district created to pay for the construction of a sewer designated as Submain 2, Westlink Sewer. The West Wichita Homeowners Association, Inc., likewise a plaintiff in this action, is composed of residents...

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