Giddings v. City of Pittsburg

The opinion of the court was delivered by

Fontron, J.:

This appeal is from a judgment enjoining the City of Pittsburg, Kansas, from proceeding with certain street improvements.

The essential facts are not seriously disputed. Catalpa Street runs north and south in Pittsburg and, for the present, is surfaced with asphalt. On October 28, 1963, a petition was filed with the city clerk of Pittsburg requesting that Catalpa Street, from Quincy to Maple Streets, be improved with concrete pavement, including curb, storm sewer, inlets and all appurtenances. This petition designated the area which the…