(Download) "Whitehead v. City of Fredonia" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Whitehead v. City of Fredonia
- Author : Supreme Court of Kansas
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by The City of Fredonia appealed an order of the District Court of Wilson County which permanently enjoined the City from levying special assessments against the property of plaintiffs within a sewer benefit district. The district court found the City's actions to be arbitrary and capricious. That finding was reversed by the Court of Appeals in a published opinion (Whitehead v. City of Fredonia, 9 Kan. App. 2d 90, 673 P.2d 125 [1983]), and we granted the plaintiffs' petition for review. The opinion of the Court of Appeals adequately sets forth the facts and controlling law in this case. As pointed out by the Court of Appeals this Court, in Mullins v. City of El Dorado, 200 Kan. 336, 436 P.2d 837 (1968), held: The power of the courts under K.S.A. 60-907(a) to grant relief in matters of taxes and assessments imposed by the governing body of a municipality is confined to those situations where the action taken by the governing body is without authority, or permeated with fraud, corruption or conduct so oppressive, arbitrary or capricious as to amount to fraud. Syl. ¶ 1. In Schulenberg v. City of Reading, 196 Kan. 43, 52, 410 P.2d 324 (1966), we said: