Allison v. Board of Johnson County Comm'Rs

The opinion of the court was delivered by The Board of County Commissioners of Johnson County (Board) appeals the district court's award to the plaintiffs under 42 U.S.C. § 1988 (1982) for attorney fees which exceeded $585,000, in five cases that were consolidated for trial. Five separate lawsuits challenging the levy of special assessments to pay the cost of waste-water treatment facilities constructed in Blue River Main Sewer District No. 1 and Blue River Sewer Sub-Districts Nos. 5 and 6 were consolidated in the Johnson County District Court. Four of the actions developed in conjunction with Dutoit v. Board of Johnson County Comm'rs, 233 Kan. 995, 667 P.2d 879 (1983). A summary of the facts follows.