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JENNINGS v. WALSH

No. 47,214

214 Kan. 398 (1974)

521 P.2d 311

JESSE JENNINGS and IRENE LEWIS, et al., Appellees, v. RICHARD F. WALSH, HUGH P. DOHERTY, PATRICK HANLON, and THE CITY OF KANSAS CITY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

A.B. Howard, Assistant City Attorney, argued the cause, and Donald E. Martin, City Attorney, was with him on the brief for the appellants.

Richard C. Wallace, of Kansas City, Staff Counsel for Wyandotte County Legal Aid Society, argued the cause, and Thomas DeCoursey, of Kansas City, General Counsel for Wyandotte County Legal Aid Society, was with him on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This class action was instituted by plaintiffs-appellees and other persons similarly situated as homeowners or occupants of homes in a residential classification that are not connected to the sewer system of Kansas City, Kansas, but are being assessed a sewer service fee of $1.80 per month. The plaintiffs' class numbers approximately 11,200 homeowners. The relief sought was a declaratory judgment and permanent...

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