Hines v. City of Leavenworth
Supreme Court of Kansas
Error from Leavenworth County. Tbe facts of the case are as follows: The plaintiffs in error (plaintiffs below,) were the owners of a number of lots situated on Shawnee and Main Streets, Leavenworth. June 24-th, 1863, an ordinance* was passed providing regulations for improving streets and the levying and collection of special taxes for the same.
Read the full summary
Error from Leavenworth County. Tbe facts of the case are as follows: The plaintiffs in error (plaintiffs below,) were the owners of a number of lots situated on Shawnee and Main Streets, Leavenworth. June 24-th, 1863, an ordinance* was passed providing regulations for improving streets and the levying and collection of special taxes for the same. Section 3 provides, “ for the purpose of making such improvements, a special tax shall be levied and collected upon the adjacent real estate extending to the center of the block on either side of said improvements.” Section á provides for the…
1Opinion of the Court
By the Court,
Crozier, C. J.
Counsel for plaintiffs in error have chosen to rest their case upon the following propositions:
1st. The law under which the assessment was made, was not applicable to the case.
2d. The law is unconstitutional in that the rate of assessment authorized, is not equal and uniform.
3d. The law is unconstitutional in that it contains no restriction upon the power of assessment and taxation.
The particular ground of the first objection is, that because the assessment upon the property of the plaintiffs for the improvement of the streets adjacent thereto, had already been made…
2Cited by52 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Wheeler v. WeightmanSupreme Court of Kansas · 1915
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
47 more not listed; retrieve them via the Exa API.