Engstrom v. City of Wichita

The opinion of the court was delivered by

Dawson, J.:

This was an action to enjoin proceedings to create a benefit district in Wichita to pay for property taken to widen a street.

The plaintiff owned a small tract of land in the city of Wichita bounded on the west by a narrow street named Fountain avenue. The city appropriated a strip of land off the west side of plaintiff’s land for the purpose of widening Fountain avenue and awarded plaintiff $2,000 as damages for the land taken. It assessed $1,500 against the remainder of plaintiff’s land as benefits; and to raise the money to pay the excess…