CRIMMINS v. HORSESHOE CREEK WATERSHED JOINT DIST. NO. 110

No. 77,847.

25 Kan. App.2d 63 (1998)

956 P.2d 1355

ROBERT CRIMMINS, HARVEY WOLLENBERG, EARL KRUSE, LEO JUENEMAN, and LOREN H. MUELLER, Appellants, v. HORSESHOE CREEK WATERSHED JOINT DISTRICT NO. 110 OF MARSHALL AND WASHINGTON COUNTIES, KANSAS, and RICHARD SCHOTTE, PRESIDENT, and NORBERT KLIPP, SECRETARY, Appellees.

Court of Appeals of Kansas.

Opinion filed April 17, 1998.


Attorney(s) appearing for the Case

Edward S. Dunn, of Holton, for appellant.

Edward F. Wiegers, of Galloway, Wiegers & Heeney, L.L.P., of Marysville, for appellee.

Before BRAZIL, C.J., ELLIOTT and GERNON, JJ.


BRAZIL, C.J.:

Plaintiffs challenged the legal incorporation of a watershed district in Washington and Marshall Counties. They filed suit in their individual capacities, but the district court granted the defendants summary judgment and ruled that the plaintiffs had no standing to challenge the incorporation. The court reasoned that K.S.A. 1997 Supp. 24-1207 only allows for such challenges by the Attorney General or the county or district attorneys. The plaintiffs...

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