Board of Commissioners v. Browne
Supreme Court of Kansas
Error from Wyandotte Court of Common Pleas. This was an. action in the court below, brought by E. D. Browne against the Board of County Commissioners and other officials of Wyandotte county, to enjoin the collection of certain special assessments or taxes charged against his land for the improvement of the Quindaro boulevard, under the authority of chapter 214, Laws of 1887. (Gen. Stat. of 1889, ¶¶ 5521-5531.) The court stated in writing the conclusions of fact found…
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Error from Wyandotte Court of Common Pleas. This was an. action in the court below, brought by E. D. Browne against the Board of County Commissioners and other officials of Wyandotte county, to enjoin the collection of certain special assessments or taxes charged against his land for the improvement of the Quindaro boulevard, under the authority of chapter 214, Laws of 1887. (Gen. Stat. of 1889, ¶¶ 5521-5531.) The court stated in writing the conclusions of fact found separately from the conclusions of law. Among the conclusions of fact found were: “1. A short time prior to the 3d day of June,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
E. D. Browne, the defendant below, signed the petition for the improvement of the road in question, but he did not intend that the petition should be presented to the board of county commissioners until it was signed by a majority of the resident land-holders. At the time he signed, there were 21 resident land-holders in the taxing district. Only five ever signed the petition which was presented. *296Browne did not present the petition. The various defects in the petition at the time it was presented, and the changes made in the subsequent…
2Cases cited1 opinion
- Barker v. Board of CommissionersSupreme Court of Kansas · 1891