Gnadt v. Durr

The opinion of the court was delivered by

Schroeder, J.:

This is an action pursuant to K. S. A. 60-907 (a) to enjoin the county officials of Wabaunsee County, Kansas, from assessing one-half of the costs of a legal survey to the plaintiffs. The trial court held K. S. A. 1970 Supp. 19-1427 required the assessment of one-half of the costs of such survey against the plaintiffs.

The only question on appeal is the construction of K. S. A. 1970 Supp. 19-1427.

At the pleading stage of the case both the appellants (plaintiffs below) and the appellees (defendants below) filed motions for summary judgment…