City of Kansas City v. Gray
Supreme Court of Kansas
Error from Wyandotte court of common pleas ; W. G. Holt, judge. STATEMENT. This was an action commenced in the court of common pleas of Wyandotte county by R. M. Gray and fourteen others, owners of property abutting on Ann ayenue, in Kansas City, Kan., against the city, the city clerk, county clerk, and county treasurer, to enjoin the collection of certain special assessments levied against their real estate for the purpose of paving Ann avenue from Sixth to Tenth streets.
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Error from Wyandotte court of common pleas ; W. G. Holt, judge. STATEMENT. This was an action commenced in the court of common pleas of Wyandotte county by R. M. Gray and fourteen others, owners of property abutting on Ann ayenue, in Kansas City, Kan., against the city, the city clerk, county clerk, and county treasurer, to enjoin the collection of certain special assessments levied against their real estate for the purpose of paving Ann avenue from Sixth to Tenth streets. A petition, regular in form and with proper certificates, was presented to the mayor and council under the provisions of…
1DissentDoster, C. J.
(dissenting) : I dissent from the first paragraph of the foregoing syllabus and the corresponding portion of the opinion. I adhere to the decision made in Kansas City v. Kimball, 60 Kan. 224, 66 Pac. 78, but I deny the applicability of that case to the facts of this one. The face of the petition on *205which the mayor and council took action in this case did not fail to show non-conformity to the law, but on the other hand it affirmatively showed non-conformity to it. The law requires the petition to be signed by “resident owners.” Only by conceiving Kansas Oity as a resident owner of 400 feet of…
2Cases cited3 opinions
- White v. CostiganCalifornia Supreme Court · 1901
- City of Kansas v. KimballSupreme Court of Kansas · 1899
- City of Atlanta v. SmithSupreme Court of Georgia · 1896