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EUDORA DEVELOPMENT CO. OF KANSAS v. CITY OF EUDORA

No. 89,452.

276 Kan. 626 (2003)

78 P.3d 437

EUDORA DEVELOPMENT COMPANY OF KANSAS, et al., Plaintiffs/Appellants, v. CITY OF EUDORA, Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed October 31, 2003.

Attorney(s) appearing for the Case

James B. Jackson, of Independence, Missouri, argued the cause, and Bruce Keplinger, of Norris & Keplinger, of Overland Park, was on the briefs for appellant.

Justice B. King, of Fisher, Patterson, Sayler, & Smith, L.L.P., of Topeka, argued the cause, and Kristine A. Larscheid, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Eudora Development Company of Kansas, L.P., (Pine Crest I) and Eudora Senior Housing, L.P. (Pine Crest II) appeal from a summary judgment granted to the City of Eudora on their claim that water and sewer rates were discriminatory because they were required to pay a surcharge for each "domestic unit" in the multi-unit buildings of Pine Crest I and II, which were served by one meter for each building. The...

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