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WHITEHEAD v. CITY OF FREDONIA

No. 55,034

235 Kan. 321 (1984)

680 P.2d 286

MARVIN D. WHITEHEAD, et ux., et al., Appellees, v. THE CITY OF FREDONIA, a second class city, Appellant.

Supreme Court of Kansas.

Opinion filed April 27, 1984.

Attorney(s) appearing for the Case

Steven W. Rogers, of Fredonia, argued the cause and was on the brief for appellant.

David K. Clark, of Fredonia, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

The City of Fredonia appealed an order of the District Court of Wilson County which permanently enjoined the City from levying special assessments against the property of plaintiffs within a sewer benefit district. The district court found the City's actions to be arbitrary and capricious. That finding was reversed by the Court of Appeals in a published opinion (Whitehead v. City of Fredonia,

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