Barker v. City of Kansas

The opinion of the court was delivered by

Harvey, J.:

Plaintiffs, taxpayers of the city of Kansas City and of the benefit district sought to be created, brought this action No*349vember 12, 1936, under G. S. 1935, 13-1403 and 60-1121, to enjoin the city and its officials in their attempt to exercise the power of eminent domain to establish parking areas in certain blocks of the city and to levy certain assessments upon the property of plaintiffs to pay the costs thereof. After an answer and reply had been filed defendants moved the court, pursuant to G. S. 1935, 60-2904, to try the issues of law in…