Mitchell v. City of Wichita

The opinion of the court was delivered by

Abbott, J.:

This is a class action suit brought by plaintiffs David Mitchell and Nolan O. Luke challenging the authority of the defendant City of Wichita, Kansas, (City) to charge users of its water and sewer utility who live outside the city limits a fee for water and sewer service which is 55% higher than the fee charged the users within the city limits. The plaintiffs’ challenge is to both the authority of the City to impose such a surcharge and to the reasonableness of the City’s 55% surcharge.

The plaintiffs and the City filed motions for summary…