Babb v. City of Wichita

The opinion of the court was delivered by

Harvey, C. J.:

This was an injunction action in which plaintiff sought (1) a mandatory injunction repealing Ordinance No. 15-786 of the city of Wichita, purportedly vacating Yale Avenue; and (2) a preventive injunction enjoining the city from spreading any of the assessments for paving Yale Boulevard through plaintiff’s lots on Yale Avenue and from the collection thereof, and decreeing that .the city, not the plaintiff, shall pay for the paving on the west half of Yale Boulevard between Fourteenth and Fifteenth streets in the city of Wichita.

After the…