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COLLINS v. HEAVENER PROPERTIES, INC.

No. 62,189

245 Kan. 623 (1989)

783 P.2d 883

GREGG and PAMELA K. COLLINS, Appellants, v. HEAVENER PROPERTIES, INC., a Kansas Corporation, and JACK HEAVENER, Defendants, and SEDGWICK COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1989.

Attorney(s) appearing for the Case

Harold T. Pickler, of Peggs & Pickler, of Wichita, argued the cause, and Jack Peggs, of the same firm, was with him on the brief for appellants.

Michael D. Pepoon, assistant county counselor, argued the cause, and Henry H. Blase, county counselor, was with him on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an action by the plaintiffs Gregg and Pamela Collins against defendants Jack Heavener and the Sedgwick County Board of County Commissioners (Board) for damages resulting from the installation of a septic system. In their cause of action against the Board, plaintiffs alleged the Board negligently granted the permit to install the septic system. The district court granted the Board's motion for...

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