Allison v. Board of Johnson County Comm'rs

Allison v. Board of Johnson County Comm'rs, 241 Kan. 266, 271, 737 P.2d 6 (1987) involved an unconstitutional taking of property by a special assessment to pay for wastewater treatment. The Allison court held that neither Parratt nor Alvarado was applicable in that case because the unconstitutional taking of the plaintiffs' property resulted from an administrative procedure that did not contain proper postdeprivation procedural due process safeguards. 241 Kan. at 271. Allison held that the plaintiffs' 1983 claim was proper and the adequacy of state remedies was irrelevant because the arbitrary decision to take the plaintiffs' property could not be "validated by a procedurally correct review process that produces an equally arbitrary ruling." 241 Kan. at 270-71.