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LANDAU v. CITY OF LEAWOOD

No. 47,129

214 Kan. 104 (1974)

519 P.2d 676

MARCUS B. LANDAU, Appellant, v. THE CITY OF LEAWOOD, Appellee.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Frank M. Rice, of Jones, Schroer, Rice and Dillon, of Topeka, argued the cause, and Matthew J. Dowd, of the same firm, was with him on the brief for the appellant.

R. Kent Sullivan, of Payne and Jones, Chartered, of Olathe, argued the cause, and Keith Martin, of the same firm, and Max Bagby, of Leawood, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is a class action in which plaintiff sued on behalf of himself and other landowners in Overland Park who are connected to a sewer system operated by the city of Leawood. He sought to enjoin Leawood from charging his class more than fifteen dollars per year for the use of the sewer, and to recover sums previously paid in excess of that amount. His claim is based on certain covenants in "sewer declarations...

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