Clay Township v. Pebley

The opinion of the court was delivered by

Harman, C.:

Here a township seeks to restrain a sheriff from levying an execution issued to satisfy a judgment rendered against the township on an appeal by landowners from an award of damages for opening a township road. The principal question now is, which is liable for the award — the township or the county?

Reno county has not adopted a county unit road system.

In August, 1967, pursuant to K. S. A. 68-102, et seq., a petition signed by twelve householders was filed with the Reno county board of commissioners to lay out and open a road in Clay township…