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MALLON v. CITY OF EMPORIA

No. 58,701

11 Kan. App. 2d 494 (1986)

726 P.2d 1354

JOHN J. MALLON and F. SOPHIA MALLON; STEPHEN M. KNECHT and ANN L. KNECHT; NORMAN W. POWERS and PHYLLIS A. POWERS; FREDERICH S. NEUER and PAUL F. NEUER; MARK I. ENSMAN; LESLIE B. ANDERSON and BETTY J. ANDERSON; ROY C. GALLUP, JR. and MARY J. GALLUP; CHESTER A. SPEARS and SYDNEY E. SPEARS, Appellants/Cross-Appellees, v. THE CITY OF EMPORIA, KANSAS, Appellee/Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed October 30, 1986.

Attorney(s) appearing for the Case

Merlin G. Wheeler, of Perkins, Hollembeak & Wheeler, Chartered, of Emporia, for the appellants/cross-appellees.

Dale W. Bell, of Guy, Helbert, Bell & Smith, Chartered, of Emporia, for the appellee/cross-appellant.

Before ABBOTT, C.J., REES and DAVIS, JJ.

ABBOTT, C.J.:

This appeal arises out of sewer and street improvements in an improvement district within the City of Emporia.

The landowners appeal alleging the trial court erred in granting summary judgment to the City of Emporia, which had credited interest income from the investment proceeds of temporary notes to its general bond fund, and in holding the City was not arbitrary and capricious in assessing...

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