Barrows v. City of Ness City

The opinion of the court was delivered by

Prager, J.:

This is an action brought by the plaintiff, Chester Barrows, as a property owner to enjoin a street paving project in the City of Ness City. The district court held in favor of the defendant City and denied the injunction. The Court of Appeals reversed in a published opinion, Barrows v. City of Ness City, 9 Kan. App. 2d 225, 676 P.2d 1285 (1984). The Supreme Court granted the City’s petition for review.

The facts in the case are undisputed. On August 3, 1982, a street improvement petition signed by 40 people was filed with the City of Ness…