Paul v. Topeka Township Sewage District No. 2

The opinion of the court was delivered by

Fromme, J.:

This appeal was taken from a summary judgment entered in favor of defendant in an action growing out of the establishment of a township sewage district in Topeka township, Shawnee county, Kansas.

The primary issue on appeal is whether there remained in controversy any genuine issue as to any material fact at the time such judgment was entered.

The plaintiff Stewart Paul filed a petition seeking to compel the Topeka Township Sewage District No. 2 to construct a lateral sewer line which would serve a tract of land lying south of a development…