Legal Opinion

City of Wichita v. Board of Education

Supreme Court of Kansas

Decided July 7, 1914No. 19,096PublishedCited by 9 opinions

Appeal from Sedgwick district court, division No. 2; Thornton W. Sargent, judge.

1Opinion of the Court

*968The opinion of the court was delivered by

Porter, J.:

The city sued the board of education to recover certain special assessments levied against school property for improvements, including pavements, sewers and drainage. The defendant demurred to the petition; the demurrer was overruled. Electing to stand upon its demurrer the defendant appeals.

The principal question, as we view it, is whether property held by the school board for school purposes is subject to the payment of special assessments. The defendant prefers to state the question in the follow-in form:

“May a city amerce its own…

2Cases cited3 opinions

  1. Hines v. City of LeavenworthSupreme Court of Kansas · 1865
  2. Board of Commissioners v. City of OttawaSupreme Court of Kansas · 1892
  3. Board of County Commissioners v. City of OskaloosaSupreme Court of Kansas · 1909

3Cited by9 opinions

  1. Independent School Dist. No. 39 of Creek County v. Exchange National Co.Supreme Court of Oklahoma · 1933
  2. Board of County Commissioners v. RobbSupreme Court of Kansas · 1946
  3. State Highway Commission v. City of TopekaSupreme Court of Kansas · 1964
  4. State ex rel. Smith v. State Highway CommissionSupreme Court of Kansas · 1930
  5. Sossoman v. Board of County CommissionersSupreme Court of Kansas · 1981

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