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SMITH v. CITY OF GARDEN CITY

No. 52,731

6 Kan. App. 2d 826 (1981)

635 P.2d 1271

JESSE SMITH, JR. and ARLENE SMITH, HARRY W. TOWNS and ALICE TOWNS, CARL KEMPER and CAROLINE KEMPER, ABE BERGEN and ELLA BERGEN, LEROY ROBINSON and MARGARET ROBINSON, ROBERT JOHN and MARY JOHN, IRWIN ALGRIM and MELUSINE ALGRIM, CECIL O'BRATE and CHARLES DREW, Plaintiffs-Appellees, v. CITY OF GARDEN CITY, KANSAS, a Municipal Corporation, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed November 13, 1981.

Attorney(s) appearing for the Case

Thomas J. Burgardt, of Calihan, Brown, Osborn & Burgardt, of Garden City, for the appellant.

John W. Rintoul, Michael J. Friesen, and Michael K. Ramsey, of Friesen & Rintoul, P.A., of Garden City, for the appellees.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and HARMAN, C.J. Retired, assigned.

PRAGER, J.:

This is an action for a declaratory judgment and an injunction to enjoin the city of Garden City from improving a certain street and levying assessments for the improvements. The facts in the case are not in dispute.

On July 2, 1980, the governing body of the city of Garden City adopted a resolution in accordance with K.S.A. 12-6a04, setting a hearing on the advisability of creating an improvement district along Campus Drive in Garden City for...

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