Schulenberg v. City of Reading

The opinion of the court was delivered by

Fatzer, J.:

This action was brought by a group of taxpayers pursuant to K. S. A. 60-907, to enjoin the collection of special assessments made by the city of Reading for the purpose of financing the construction of a sewer system.

Reading is a city of the third class, and acting pursuant to K. S. A. 12-617 and 12-618 it created a sewer district comprising the entire area within the corporate limits, except a very small fractional part of the area was omitted from the sewer district. Prior to the construction of the sewer system in controversy, the city…