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WHITEHEAD v. CITY OF FREDONIA

No. 55,034

9 Kan. App. 2d 90 (1983)

673 P.2d 125

MARVIN D. WHITEHEAD, et ux., et al., Appellee, v. THE CITY OF FREDONIA, a second class city, Appellant. Affirmed (1984).

Court of Appeals of Kansas.

Opinion filed December 22, 1983.

Attorney(s) appearing for the Case

Steven W. Rogers, of Fredonia, for the appellant.

David K. Clark, of Fredonia, for the appellee.

Before SPENCER, P.J., JEROME HARMAN, C.J. Retired, assigned, and STEVEN P. FLOOD, District Judge, assigned.

HARMAN, C.J. Retired:

Here the city of Fredonia appeals from an order permanently enjoining it from levying and collecting special assessments on property within a newly created sewer improvement district.

In April, 1981, the city created the new sewer district, comprised of twelve separately owned tracts of land, and, simultaneously it annexed four of the tracts which had not previously been within the city...

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