CITY OF DeSOTO v. CONSOLIDATED RURAL WATER DIST. NO. 6

No. 75,488.

23 Kan. App.2d 407 (1997)

930 P.2d 624

CITY OF DeSOTO, KANSAS, Appellant/Cross-appellee, v. CONSOLIDATED RURAL WATER DISTRICT No. 6, JOHNSON COUNTY, KANSAS, Appellee/Cross-appellant.

Court of Appeals of Kansas.

Opinion filed January 17, 1997.


Attorney(s) appearing for the Case

L. Franklin Taylor and Allan E. Coon, of Norton, Hubbard, Ruzicka & Kreamer, L.C., of Olathe, for appellant/cross-appellee.

George J. Schlagel and Christopher A. Gordon, of Schlagel & Associates, of Olathe, for appellee/cross-appellant.

Gary H. Hanson and Todd A. Luckman, of Stumbo, Hanson and Hendricks, L.L.P., of Topeka, for amicus curiae Kansas Rural Water Association.

Donald L. Moler, Jr., general counsel, League of Kansas Municipalities, of Topeka, for amicus curiae League of Kansas Municipalities.

Before KNUDSON, P.J., RULON, J., and ROBERT J. SCHMISSEUR, District Judge, assigned.


KNUDSON, J.:

The City of DeSoto (City) appeals the district court's grant of summary judgment to Consolidated Rural Water District No. 6 (District) and an award of $41,000, representing the value of water district property annexed by the City.

The City contends that the district court's interpretation of K.S.A. 12-527 was erroneous and that there was not substantial competent evidence to support the court's finding of value for the annexed property. The District...

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