Mills v. Board of Commissioners
Supreme Court of Kansas
Error from Neosho District Court. Mills appealed from the action of the Board of Commissioners of Neosho County in disallowing his claim for damages in establishing a highway over his land. After such appeal the board filed a disclaimer to said road, and at the April term, 1889, the court dismissed the appeal, from which dismissal appellant brings error.
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Error from Neosho District Court. Mills appealed from the action of the Board of Commissioners of Neosho County in disallowing his claim for damages in establishing a highway over his land. After such appeal the board filed a disclaimer to said road, and at the April term, 1889, the court dismissed the appeal, from which dismissal appellant brings error. The act of the board of commissioners in reconsidering its action establishing the road through plaintiff’s land was entirely without jurisdiction, and void. Gen. Stat. of 1889, ¶ 5474; Troy v. Comm’rs of Doniphan Co., 32 Kas. 507. When the…
1Opinion of the Court
Opinion by
Strang, C.:
On the 4th of April, 1888, a petition was presented to the board of county commissioners of Neosho county, praying for the opening of a certain highway across the land of the plaintiff in error and other lands. Viewers were appointed to view and lay out said road. When they met to assess- the damages to the different landowners, the plaintiff in error duly presented his claim for damages, which was entirely disallowed by said viewers. July 5, 1888, said board being in session, the road was ordered opened, and the plaintiff’s claim for damages was dis*637allowed. The plaintiff…
2Cases cited1 opinion
- Troy v. Board of CommissionersSupreme Court of Kansas · 1884
3Cited by3 opinions
- Dunham Stock Farm Co. v. County CommissionersSupreme Court of Kansas · 1924
- State ex rel. Smith v. Board of County CommissionersSupreme Court of Kansas · 1932
- Attorney General Opinion No., Kansas Attorney General Reports2006