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GARVEY ELEVATORS, INC. v. CITY OF WICHITA

Nos. 57,631, 57,632, 57,763

238 Kan. 682 (1986)

714 P.2d 956

GARVEY ELEVATORS, INC., Appellant, v. CITY OF WICHITA, KANSAS, A Municipal Corporation, et al., Appellees. WICHITA UNION STOCKYARDS COMPANY, A Division of Sierra Petroleum Co., Inc., a Kansas Corporation, Appellant, v. CITY OF WICHITA, KANSAS, A Municipal Corporation, et al., Appellees. THE COLEMAN COMPANY, INC., Appellant, v. CITY OF WICHITA, KANSAS, A Municipal Corporation, et al., Appellees.

Supreme Court of Kansas.

Opinion filed February 21, 1986.

Attorney(s) appearing for the Case

Richard D. Greene, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and John W. Jordan, of Learned & Jordan, of Wichita, and Robert W. Coykendall, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, were with him on the brief for appellants Garvey Elevators, Inc., and Wichita Union Stockyards Company.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Wyatt A. Hoch, of the same firm, was on the brief for appellant The Coleman Company.

Thomas R. Powell, senior assistant city attorney, argued the cause, and John Dekker, city attorney, was with him on the brief for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

Plaintiffs Garvey Elevators, Inc., The Coleman Company, Inc., and Wichita Union Stockyards Company seek to enjoin the defendant City of Wichita from levying and collecting special assessments for a storm water drainage project situated in north-central Wichita. The district court entered summary judgment in favor of defendant City and plaintiffs appeal therefrom.

Originally five owners of land...

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