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HOME BUILDERS ASS'N OF GREATER K.C. v. JOHNSON CO. WATER DIST. NO. 1

No. 71,738.

22 Kan. App.2d 161 (1995)

914 P.2d 956

HOME BUILDERS ASSOCIATION OF GREATER KANSAS CITY,et al., Appellees, v. JOHNSON COUNTY WATER DISTRICT No. 1,et al., Appellants.

Court of Appeals of Kansas.

Opinion filed March 24, 1995.

Attorney(s) appearing for the Case

Wilson E. Speer and Randy R. McCalla, of Speer, Austin, Holiday & Zimmerman, of Olathe, for the appellants.

Mark E. Jones, of Polsinelli, White, Vardeman & Shalton, of Overland Park, for the appellees.

Before BRISCOE, C.J., PIERRON, J., and RON ROGG, District Judge, assigned.

ROGG, J.:

Home Builders Association of Greater Kansas City, et al., (Home Builders) filed an action for declaratory judgment and injunction against Johnson County Water District No. 1, et al. (District). The trial court granted summary judgment for Home Builders, and District appealed. We reverse and remand for further proceedings.

The issues raised on appeal concern the propriety of granting summary judgment. The trial court determined that...

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