Davies v. City of Lawrence

The opinion of the court was delivered by This is an appeal from a judgment wherein the trial court rejected the appellants' protest petition and refused to enjoin the City of Lawrence, Kansas, from constructing sidewalks and assessing the costs against all property within a benefit district created by the City pursuant to K.S.A. 12-6a01, et seq. The facts are stipulated. The City of Lawrence, Kansas, (defendant-appellee) is a municipal corporation duly organized and existing under the laws of the State of Kansas and classified as a City of the first-class. Lloyd M. Davies and the other plaintiffs-appellants were, as of June 26, 1973, resident and non-resident owners, or both, of property located within a benefit district created by the City of Lawrence (hereafter the City) by Resolution No. 3886 on February 20, 1973.