Landau v. City of Leawood

The opinion of the court was delivered by

Foth, C.:

This is a class action in which plaintiff sued on behalf of himself and other landowners in Overland Park who are connected to a sewer system operated by the city of Leawood. He sought to enjoin Leawood from charging his class more than fifteen dollars per year for the use of the sewer, and to recover sums previously paid in excess of that amount. His claim is based on certain covenants in “sewer declarations” of a private sewer company which he alleges are binding on the city as the company’s successor in interest. Both parties moved for…