Hessell v. Lateral Sewer District No. T-39

The opinion of the court was delivered by

Fromme, J.:

This appeal is from a judgment setting aside, as void, an assessment for lateral sewer improvements on plaintiffs’ property in the city of Merriam, Johnson county, Kansas.

No question is raised concerning the creation and existence of the sewer district or the general authority of its governing body to make sewer improvements and levy special assessments therefor. The assessment was made September 14, 1966, by the defendant board of county commissioners acting as the governing body of Lateral Sewer District No. T-39. The assessment and…