DUTOIT v. BOARD OF JOHNSON COUNTY COMM'RS

No. 55,412

233 Kan. 995 (1983)

667 P.2d 879

PAUL M. DUTOIT, BETTY J. DUTOIT, DUTOIT CONSTRUCTION CO., a Missouri Corporation, and all others similarly situated, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, sitting and acting as the governing body of Blue River Sewer Sub-District No. 5 and Blue River Main Sewer District No. 1; ROBERT C. BACON, JOHNNA LINGLE, and JEFFREY HILLESON, members of the Board of County Commissioners of Johnson County, and DONALD J. CURRY, County Clerk of Johnson County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 15, 1983.


Attorney(s) appearing for the Case

Leonard O. Thomas, of Weeks, Thomas & Lysaught, Chartered, of Overland Park, argued the cause, and David K. Fromme and Peggy Grant-Cobb, of the same firm, were with him on the briefs for the appellants.

James G. Butler, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Mark W. McKinzie, of the same firm, Terry M. Roehl, assistant county counselor, and Lyndus A. Henry, county counselor, were with him on the brief for the appellees.

Thomas E. Ruzicka, of Gardner, Davis, Kreamer, Norton, Hubbard & Ruzicka, Chartered, of Olathe, and Amelia J. McIntyre, of Watson, Ess, Marshall & Enggas, of Kansas City, Missouri, were on the amicus curiae brief for Robert Q. Sutherland, Agent.


The opinion of the court was delivered by

LOCKETT, J.:

Plaintiffs Paul and Betty Dutoit, and Dutoit Construction Company, a Missouri corporation (Dutoits), appeal from the dismissal of their action challenging special assessments against their property in Johnson County, Kansas.

The Blue River Sewer Sub-District No. 5 (Blue River) was created under the provisions of K.S.A. 19-2704 et seq. Property owners representing more than 51% of the acreage...

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