Shaw v. City of WaKeeney

The opinion of the court was delivered by

Parker, C. J.:

This appeal involves the legality of proceedings, under the provisions of G. S. 1949, 12-602, for the grading, curbing, guttering and surfacing of one block of Third Street, between Earle Avenue and Chase Avenue, in the City of WaKeeney, Trego County, Kansas, a city of the third class.

The facts controlling the rights of the parties are admitted in the briefs and on oral argument, as they were in the court below, and may be stated thus:

On August 3, 1959, a petition was filed in the office of the city clerk for the improvement of the…