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GNADT v. DURR

No. 46,235

208 Kan. 783 (1972)

494 P.2d 1219

HENRY GNADT, EDWARD HAUER and WILMA HAUER, his wife, Appellants, v. EUGENE B. DURR, County Engineer; WALTER LIETZ, SR., WALTER E. WOMBLES and H.R. FIELDS, County Commissioners; and CLAUDE O. ADOLPH, County Clerk, all in their official capacity as agents of Wabaunsee County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

Bruce C. Harrington, of Hiatt and Spurgeon, of Topeka, argued the cause and was on the brief for the appellants.

Bill Baldock, County Attorney, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action pursuant to K.S.A. 60-907 (a) to enjoin the county officials of Wabaunsee County, Kansas, from assessing one-half of the costs of a legal survey to the plaintiffs. The trial court held K.S.A. 1970 Supp. 19-1427 required the assessment of one-half of the costs of such survey against the plaintiffs.

The only question on appeal is the construction of K.S.A. 1970 Supp. 19...

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