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WEST ELK UNIFIED SCHOOL DISTRICT v. CITY OF GRENOLA

No. 46,474

211 Kan. 301 (1973)

507 P.2d 335

WEST ELK UNIFIED SCHOOL DISTRICT No. 282, ELK COUNTY, STATE OF KANSAS, Appellant, v. CITY OF GRENOLA, ELK COUNTY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Lynn L. Perkins, of Howard, and Elvin D. Perkins, of Emporia, argued the cause, and Donald D. DeWitt, of Emporia was with them on the brief for appellant.

David A. Brace, of Moline, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This action was instituted by West Elk Unified School District No. 282, Elk County, against the city of Grenola, seeking to have Ordinance No. 928-S, relating to sewer service charges, declared void as being an arbitrary, capricious, and unlawful usurpation of the legislative power of the municipality. The school district alleged the ordinance in question was discriminatory in its application to it, and...

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