Board of Commissioners v. City of Ottawa
Supreme Court of Kansas
Error from Franklin District Court. Proceeding by the City against the County Board to collect a claim for the improvement of a street in front of a court-house square. The district court allowed the claim. The defendant Board comes to this court.
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Error from Franklin District Court. Proceeding by the City against the County Board to collect a claim for the improvement of a street in front of a court-house square. The district court allowed the claim. The defendant Board comes to this court. The material facts are stated in the opinion. 1. The main question is this, Had the city of Ottawa the power to levy a special assessment of $573.10 for- the improvement of Main street in front of “court-house square,” on Franklin county, without the consent of the board of county commissioners, and then collect it by a general personal judgment…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The city of Ottawa, in Franklin county, is a city of the second class. Block 85 in that city was granted to the county of Franklin by the Ottawa Town Company for a court-house square, and county buildings have been erected thereon. In 1887, the city of Ottawa, under the provisions of the statute, macadamized Main street between Tecumseh and Fifth streets, and a special assessment on account of such macadamizing was made under the statute upon said block 85, amounting to the sum of $573.10. Subsequently, a claim for that amount was…
2Cases cited8 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- County of McLean v. City of BloomingtonIllinois Supreme Court · 1883
- Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- City of Huntsville v. Madison CountySupreme Court of Alabama · 1910
- City of Kalispell v. School District No. 5Montana Supreme Court · 1912
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- State ex rel. Schenck v. Board of County CommissionersSupreme Court of Kansas · 1910
- Blythe v. City of TulsaSupreme Court of Oklahoma · 1935
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