Bumm v. Colvin

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from a judgment dismissing an action for a declaratory judgment and for injunctive relief upon the ground that the subject matter of the lawsuit, the installation of an air inlet and relief manhole, had been installed upon the permanent right of way across plaintiffs land previously acquired by the City of Wichita, and' the case was moot.

The pertinent facts giving rise to this appeal are summarized as follows: On January 10, 1956, and pursuant to G. S. 1949, 26-201, et seq., as amended, the City of Wichita, hereafter…