Board of Education of Unified School District No. 345 v. City of Topeka

The opinion of the court was delivered by

Kaul, J.:

This is an action to enjoin the levying of a special assessment by defendant city against the plaintiff’s real estate for a portion of the costs of the establishment of a lateral sanitary sewer district and the construction of a sewer. The trial court granted an injunction and defendant city appeals.

As we view the case, the basic issue is whether plaintiff’s evidence is sufficient to support the trial court’s determination that the method employed by the city in levying the special assessments was arbitrary and unreasonable to the extent that…