City of Eudora v. Darling
Supreme Court of Kansas
Error from Douglas District Court. The city of Eudora was incorporated by an act of the territorial legislature of the territory of Kansas on the 28th day of February, 1859, and in the corporate limits were embraced all of section 8, except 40 acres taken off the west side, and 200 acres off the south and east side of section 5, township 13, and range 21. This territory was laid off in blocks and lots, with public streets and alleys.
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Error from Douglas District Court. The city of Eudora was incorporated by an act of the territorial legislature of the territory of Kansas on the 28th day of February, 1859, and in the corporate limits were embraced all of section 8, except 40 acres taken off the west side, and 200 acres off the south and east side of section 5, township 13, and range 21. This territory was laid off in blocks and lots, with public streets and alleys. The legislature of the state, by §61, chapter 261, approved March 2, 1889, attempted to vacate a part of the streets and alleys of the territory of Eudora. After…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
I. It is insisted that the territorial act of incorporation invested the inhabitants of Eudora with rights of property of which they could not be divested without their consent, and therefore that §61 of chapter 261, Laws of 1889, vacating the streets in controversy, is of no force or validity, because it attempts to affect corporate powers granted by the territorial legislature, and also attempts to annul vested rights legally conferred. The streets and alleys laid out and established in Eudora were open for travel to the public. The…
2Cases cited2 opinions
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
- Weyand v. StoverSupreme Court of Kansas · 1886
3Cited by3 opinions
- State v. PhillipsSupreme Judicial Court of Maine · 1910
- Kansas Town & Land Co. v. City of Smith CenterCourt of Appeals of Kansas · 1897
- City of Eudora v. FrenchSupreme Court of Kansas · 1969