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MADDEN v. CITY OF LENEXA

No. 58,368

239 Kan. 397 (1986)

721 P.2d 261

STEPHEN P. MADDEN and MARYANN M. MADDEN, Appellants, v. THE GOVERNING BODY OF THE CITY OF LENEXA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 13, 1986.

Attorney(s) appearing for the Case

Eugene T. Hackler, of Hackler, Londerholm, Corder, Martin & Hackler, Chartered, of Olathe, argued the cause and was on the briefs for appellants.

Gerald E. Williams, of Gage & Tucker, of Overland Park, argued the cause and J. Patrick Shepard, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The City of Lenexa, pursuant to K.S.A. 12-6a01 et seq., created an improvement district which included the plaintiffs' land located outside the city limits. Prior to the improvement district's assessment hearing, the plaintiffs' land was annexed by Lenexa. The Maddens brought an action for a permanent injunction to keep the city from assessing their property for the cost of the improvement, claiming...

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