(Download) "Diehn v. Penner" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

January 09, 2021

eBook details

Title: Diehn v. Penner
Author : Supreme Court of Kansas
Release Date : January 08, 1950
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

The opinion of the court was delivered by This is an injunction proceeding wherein the plaintiff seeks to restrain the board of county commissioners of Johnson county, acting as the governing board of Mission Township Main Sewer District No. 1 of such county, and the contractor employed by such board to construct the improvement herein involved from utilizing a strip of plaintiff's land in the construction of a permanent sewer on the ground the board had failed to acquire the right to take his property for that purpose under and by virtue of any valid condemnation proceeding. By stipulation between the plaintiff, the district, and the defendant board, but without service of summons on or appearance of the contractor, applications for a restraining order and a temporary injunction were heard at the same time by the district court which, at the close of plaintiff's evidence, sustained a demurrer to his petition as well as his evidence and rendered judgment denying either a restraining order or a temporary injunction. The appeal is from the order sustaining the demurrer.