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BELL v. CITY OF TOPEKA

No. 48,039

220 Kan. 405 (1976)

553 P.2d 331

REX K. BELL and ARLETA J. BELL, his wife, Appellants, v. THE CITY OF TOPEKA, KANSAS; NORMA E. ROBBINS, City Clerk; WILLIAM B. McCORMICK; HARRY L. FELKER, III [substituted for GARY S. TAYLOR]; KENNETH L. ELDER; CHARLES F. CAMPBELL and JACK ALEXANDER, as members of the governing body, The Board of Commissioners of the City of Topeka, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 23, 1976.

Attorney(s) appearing for the Case

John E. Stumbo, of Stumbo and Stumbo, of Topeka, argued the cause, and Gary D. McCallister, of the same firm, was with him on the brief for the appellants.

Richard E. Jones, Assistant City Attorney, argued the cause, and Dan E. Turner, City Attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

KAUL,, J.:

This is an action instituted by plaintiffs-appellants, Rex K. and Arleta J. Bell, against the City of Topeka and members of its governing body seeking injunctive relief in preventing the city from enforcing certain ordinances levying and assessing part of the costs against their real estate for improving and widening Burlingame Road. The real estate of plaintiffs is situated adjacent to Burlingame Road and...

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