Barrows v. City of Ness City

Flood, J.:

On August 3, 1982, a street improvement petition signed by forty people was filed with the appellee, City of Ness City, pursuant to K.S.A. 12-602. On the same day the City of Ness City passed a resolution declaring it necessary to improve the same streets, also pursuant to K.S.A. 12-602.

Following publications of the resolution, twenty-five people filed a protest. At a meeting on October 5, 1982, the City was advised that the protesters only owned 48.6 percent of the total area of the benefit district. The City council then voted to accept the original petition and authorize the work…