BUTTERBAUGH v. PUBLIC WATER SUPPLY DIST. NO. 12

No. KCD 26471.

512 S.W.2d 445 (1974)

John BUTTERBAUGH and Juanita Butterbaugh, Appellants, v. PUBLIC WATER SUPPLY DISTRICT NO. 12 OF JACKSON COUNTY, Missouri, et al., Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 1, 1974.

Application to Transfer Denied September 9, 1974.


Attorney(s) appearing for the Case

Paul E. Panek, Belton, for appellants.

William K. Poindexter, Kansas City, for respondents.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.


PER CURIAM.

Plaintiffs, John and Juanita Butterbaugh, sought a declaratory judgment asserting that defendant's charge for water use constituted an unconstitutional special tax within the prohibition of Article 10, Section 3 of the Constitution of Missouri, V.A.M.S., and that said charges violated due process, while denying them equal protection of the law, all contrary to the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Article 1, Section...

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