Leawood, Kan. – June 21, 2021 – A team of Rouse Frets White Goss Gentile Rhodes, P.C. attorneys recently prevailed in litigation against Johnson County, Kansas, obtaining a judgment declaring that nearly $300,000 of assessments against the client’s property were unconstitutional. In total, the judgment saved the client more than $350,000 in assessments and associated penalties.
Greg Musil, Chris Kurtz and Hank Driskell represented SC Real Estate Investments in Board of County Commissioners of Johnson County, Kansas v. SC Real Estate Investments, LLC. The dispute stemmed from annual assessments charged to SC Real Estate for eight years before any sewer access was available to the property in question.
The Rouse Frets White Goss team successfully asserted that, to be constitutional, government assessments for access to sanitary sewers needed to be roughly proportional to the actual benefit received.
The Johnson County District Court ruled that the client property owner was not required to pay capital finance charges for a sanitary sewer development for years in which no construction occurred and no sewer benefits were available.
About Rouse Frets White Goss:
Rouse Frets White Goss litigation groups have litigators with collective career experience in over 40 states and eight federal circuits including over 500 bench and jury trials.
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