Heller v. City of Garden City
Supreme Court of Kansas
Error from Edwards District Court. Hon. S. W. Yandivert, Judge.' This was an action by S. M. Heller against the City of Garden City to recover for trees planted in pursuance of a contract made with the City.
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Error from Edwards District Court. Hon. S. W. Yandivert, Judge.' This was an action by S. M. Heller against the City of Garden City to recover for trees planted in pursuance of a contract made with the City. In his petition he alleges the passage of an ordinance which provided for the planting and growing of shade trees on the streets of the City, to be paid for by the owners of property abutting on the streets so improvedIt was ordained that the committee of the council should enter in.to a contract with parties in the name and on behalf of the City, but that no liability should be incurred…
1Opinion of the CourtJohnston, J.
i city of seoona siade™t?eesbyfor The planting of shade trees upon the streets is an improvement of recognized public benefit, and the power to provide for planting, maintaining and protecting them is expressly conferred upon the cities of the class to which Garden City belongs. Gen. Stat. 1889, ¶" 789. As an improvement, they are placed on a footing with sidewalks, and are provided and paid for in the same manner as sidewalks are provided and paid for. While provision is made that assessments may be levied against abutting property to pay for such improvements, the city is nevertheless…
2Cases cited8 opinions
- North Pacific Lumbering & Manufacturing Co. v. East PortlandOregon Supreme Court · 1886
- City of Leavenworth v. MillsSupreme Court of Kansas · 1870
- City of Louisville v. LeathermanCourt of Appeals of Kentucky · 1896
- Fisher v. City of St. LouisSupreme Court of Missouri · 1869
- District of Columbia v. LyonSupreme Court of the United States · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
- City of Garden City v. HellerSupreme Court of Kansas · 1900
- Remington v. WalthallSupreme Court of Kansas · 1910
- Davies v. City of LawrenceSupreme Court of Kansas · 1976
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