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BOARD OF MARSHALL COUNTY COMM'RS v. LINCOLN TOWNSHIP

No. 80,215.

266 Kan. 355 (1998)

970 P.2d 54

BOARD OF COUNTY COMMISSIONERS OF MARSHALL COUNTY, KANSAS, Appellee, v. LINCOLN TOWNSHIP, MARSHALL COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1998.

Attorney(s) appearing for the Case

Edward F. Wiegers, of Galloway, Wiegers & Heeney, LLP, of Marysville, argued the cause and was on the brief for appellant.

Keith W. Sprouse, county counselor, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

County repaired a township road. Township refused to pay County. County filed suit against Township to recover its costs for the road repair. The district court found County had statutory authority to repair the road and assess the cost against Township, granted summary judgment to County, and entered judgment against Township for the amount of the repairs. Township...

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