Anderson v. Board of County Commissioners
Supreme Court of Kansas
Appeal from Cloud district court. STATEMENT. This suit was brought to enjoin the commissioners •of Cloud county from removing a county bridge which ■cost more than $8000, and from rebuilding it in another place, without an affirmative vote of the electors authorizing it and without the notice and the plans and specifications required by law.
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Appeal from Cloud district court. STATEMENT. This suit was brought to enjoin the commissioners •of Cloud county from removing a county bridge which ■cost more than $8000, and from rebuilding it in another place, without an affirmative vote of the electors authorizing it and without the notice and the plans and specifications required by law. On the application of C. G. Anderson for the injunction testimony was heard, and on this the court made the following findings of fact and conclusions of law: “findings of fact. “(1) The plaintiff is a citizen of this state, a taxpayer of Cloud county,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The testimony and findings disclose that since the bridge in question was built the river has changed its course, and that it is the declared purpose of the commissioners to remove and rebuild the bridge over the river in its new channel, instead of leaving it over the channel through which the stream formerly flowed. Appellant contends that there is a lack of power in the commissioners to effect their purpose. It is first contended that the bridge was located and built under the authority of a special statute, and that therefore…
2Cases cited2 opinions
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1908
- Greeley Township v. The Board of CommissionersSupreme Court of Kansas · 1881
3Cited by8 opinions
- Board of County Commissioners v. RobbSupreme Court of Kansas · 1948
- Anderson v. Board of County CommissionersSupreme Court of Kansas · 1913
- Sample v. Board of County CommissionersSupreme Court of Kansas · 1921
- Ruff v. Board of County CommissionersSupreme Court of Kansas · 1928
- Wright v. Board of EducationSupreme Court of Kansas · 1920
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