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HOREJSI v. CITY OF HOLYROOD

No. 38,284

171 Kan. 190 (1951)

231 P.2d 215

W.J. HOREJSI, et al., Appellants, v. THE CITY OF HOLYROOD, A Municipal Corporation, et al., Appellees.

Supreme Court of Kansas.

Opinion filed May 12, 1951.

Attorney(s) appearing for the Case

V.E. Danner, of Ellsworth, argued the cause and H.A. Santry, of Ellsworth, was with him on the briefs for the appellants.

C.L. Clark, of Salina, argued the cause and James P. Mize and Jason K. Yordy, both of Salina, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to enjoin a governing body of a city from entering into a contract for paving some of the city streets. Judgment was for defendants. The plaintiffs have appealed.

The action was brought by some twenty-two resident taxpayers of the city whose property will be liable for the cost of the paving. The contemplated paving consists of three projects. The petition first set out three resolutions...

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