Ditzen v. City of Kansas

The opinion of the court was delivered by

Johnston, C. J.:

The plaintiffs, Paul H. Ditzen and Georgia Ditzen, are the owners of lots with a large frontage on Armstrong avenue, in Kansas City, which, as dedicated, was eighty feet wide. Between the curb of the pavement on that street and the sidewalk at the property line is a park on the side of the street where a number of large shade trees had been planted and cultivated by the owners of the property. The street had been originally paved with brick to a width of thirty feet, which had become defective, and the city determined upon a plan to…