Newson v. City of Wichita

The opinion of the court was delivered by

Schroeder, J.:

This is an action to have a special assessment against the plaintiffs’ real property for paving a certain alley in the City of Wichita, Kansas, declared illegal and void, and to enjoin the City and its officials from certifying the assessment to the county clerk.

The plaintiffs (appellees) are the owners of lots 3 to 10, inclusive, (see sketch) in Englewood Addition. The assessment ordinance apportioned the cost of paving the east-west alley (shaded area in sketch) located between lot 1 on the north and lots 2 and 11 on the south equally…