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MITCHELL v. CITY OF WICHITA

No. 83,227.

270 Kan. 56 (2000)

12 P.3d 402

DAVID MITCHELL and NOLAN O. LUKE, individually, and as representative plaintiffs on behalf of persons or concerns similarly situated, Appellants, v. THE CITY OF WICHITA, KANSAS, a municipal corporation, Appellee.

Supreme Court of Kansas.

Opinion filed October 27, 2000.

Attorney(s) appearing for the Case

Jerry D. Bogle, of Young, Bogle, McCausland, Wells & Blanchard, P.A., of Wichita, argued the cause and was on the briefs for appellants.

Douglas J. Moshier, assistant city attorney, argued the cause, and Gary E. Rebenstorf, city attorney, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a class action suit brought by plaintiffs David Mitchell and Nolan O. Luke challenging the authority of the defendant City of Wichita, Kansas, (City) to charge users of its water and sewer utility who live outside the city limits a fee for water and sewer service which is 55% higher than the fee charged the users within the city limits. The plaintiffs' challenge is to both the authority of the City...

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