Williams v. City of Topeka
Supreme Court of Kansas
Appeal from Shawnee district court. STATEMENT. This is an action by a property owner to enjoin- j;he mayor and commissioners-of the city of Topeka from entering into a contract for paving. The court made very full findings, from which the following material facts are deduced: Topeka is a city of the first class, governed by a mayor and four commissioners under the-commission form of city government.
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Appeal from Shawnee district court. STATEMENT. This is an action by a property owner to enjoin- j;he mayor and commissioners-of the city of Topeka from entering into a contract for paving. The court made very full findings, from which the following material facts are deduced: Topeka is a city of the first class, governed by a mayor and four commissioners under the-commission form of city government. Petitions were duly presented for. the pavement of certain streets with, asphaltic concrete, and resolutions were passed and published for such pavement. Proper specifications were prepared and…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
Two questions are presented: (1) What authority is vested in the mayor and commissioners concerning paving contracts? and (2) Was this authority so exercised as to warrant the interposition of a court of equity to prevent the performance of the contract by the Kaw Paving Company?
The statute relating to this subject, after specifying-the preliminary steps to be taken, provides that:
' “The mayor and council shall let the work by contract to the lowest responsible bidder, if there be any such whose bid does not exceed the estimate. If. mu…
2Cases cited13 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Meffert v. State Board of Medical Registration & ExaminationSupreme Court of Kansas · 1903
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
- People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Shields v. City of LovelandSupreme Court of Colorado · 1923
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Arthur Venneri Co. v. City of Paterson Housing AuthoritySupreme Court of New Jersey · 1959
- Flynn Construction Co. v. LeiningerSupreme Court of Oklahoma · 1927
- Stevenson v. Board of County CommissionersSupreme Court of Kansas · 1916
28 more not listed; retrieve them via the Exa API.