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CHERRY v. VANLAHI, INC.

No. 47,559

216 Kan. 195 (1975)

531 P.2d 66

RUSSELL CHERRY, JAMES CONDON, DARRELL CROSBY, ROBERT E. HOWELL and LARRY MILLER; and all others similarly situated, Appellants, v. VANLAHI, INC., and HARTER & SONS, INC., Appellees.

Supreme Court of Kansas.

Opinion filed January 25, 1975.

Attorney(s) appearing for the Case

Rodney H. Busey, of Arvin, Arvin & Busey, Chartered, of Wichita, argued the cause, and Robert A. Powell, of the same firm, was with him on the brief for the appellants.

Jerry L. Griffith, of Derby, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

The plaintiffs filed this action to require the City of Derby to reassess special tax assessments levied in 1970 to pay for street and sewer improvements in Holbrook Addition to the City of Derby. In the alternative plaintiffs prayed for a money judgment against Vanlahi, Inc. and Harter & Sons, Inc., the previous owners and developers of the addition. The plaintiffs allege in their petition that the...

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