Board of Commissioners v. Abbott
Supreme Court of Kansas
Error from Wyandotte Gourt of Common Pleas. This action was originally brought by Daniel Abbott, under § 253 of the code, against the Board of County Commissioners and others, to enjoin the collection of certain taxes levied by special assessments upon Abbott’s farm, under the provisions of chapter 214 of the Laws of 1887, entitled “An act providing for the improvement of county roads.”
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Error from Wyandotte Gourt of Common Pleas. This action was originally brought by Daniel Abbott, under § 253 of the code, against the Board of County Commissioners and others, to enjoin the collection of certain taxes levied by special assessments upon Abbott’s farm, under the provisions of chapter 214 of the Laws of 1887, entitled “An act providing for the improvement of county roads.” On March 16, 1891, this case was transferred from the district court of Wyandotte county to the court of common pleas of that county. On July 15, 1892, a stipulation was filed in the case wherein it was…
1DissentJohnston, J.
I think the validity of the statute may be fairly and reasonably sustained. It is a general law, enacted more than six years ago, which may become effective in any county where its operation is invoked. It makes provision for the special improvement of county roads, and provides that the greater part of the expense shall be assessed against property specially benefited by the improvement. Statutes providing for improvements of this character, like the paving of streets and alleys, the building *168of turnpike or macadam roads, and the draining of swamp or low lands, are not uncommon, and, while…
2Cases cited8 opinions
- People v. CookNew York Supreme Court · 1852
- State v. HunterSupreme Court of Kansas · 1888
- Noffzigger v. McAllisterSupreme Court of Kansas · 1873
- Fulkerson v. Board of CommissionersSupreme Court of Kansas · 1883
- Willis v. SprouleSupreme Court of Kansas · 1874
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