WATER DIST. NO. 1 OF JOHNSON COUNTY v. MISSION HILLS COUNTRY CLUB

No. 79,007.

265 Kan. 355 (1998)

960 P.2d 239

WATER DISTRICT No. 1 OF JOHNSON COUNTY, Appellee, v. MISSION HILLS COUNTRY CLUB, Appellant.

Supreme Court of Kansas.

Opinion filed June 5, 1998.


Attorney(s) appearing for the Case

Robert F. Bennett, of Lathrop & Gage, L.C., of Overland Park, argued the cause, and James G. Flaherty, of Anderson, Byrd, Richeson & Flaherty, of Ottawa, was with him on the briefs for appellant.

Wilson E. Speer, of Speer, Austin, Holliday & Zimmerman, of Olathe, argued the cause, and Michael J. Armstrong, of the same firm, was with him on the brief for appellee.


The opinion of the court was delivered by

SIX, J.:

This case probes the interplay between a water district's claim of exclusive control of piped treated water service within its boundaries and a water user's dual counter contentions of no exclusivity and a violation of the Commerce Clause, U.S. Const., art. 1, § 8, cl. 3. Defendant Mission Hills Country Club (Club) appeals from summary judgment in a declaratory judgment action filed by plaintiff Water...

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