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BOARD OF EDUCATION v. CITY OF TOPEKA

No. 47,294

214 Kan. 811 (1974)

522 P.2d 982

BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 345, SHAWNEE COUNTY, KANSAS, a Municipal Corporation, Appellee, v. THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Douglas C. Richards, of Topeka, argued the cause, and Dan E. Turner, City Attorney, was with him on the brief for the appellant.

William E. Enright, of Scott, Quinlan & Hecht, of Topeka, argued the cause, and George A. Scott, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an action to enjoin the levying of a special assessment by defendant city against the plaintiff's real estate for a portion of the costs of the establishment of a lateral sanitary sewer district and the construction of a sewer. The trial court granted an injunction and defendant city appeals.

As we view the case, the basic issue is whether plaintiff's evidence is sufficient to support the...

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