Atchison, Topeka & Santa Fe Railroad v. Peterson
Court of Appeals of Kansas
Error from Wyandotte District Court. Hon. Henry L. Alden, Judge. Every city of the second class has power 1 ‘ to provide a system of sewerage and drainage for the city, or any part thereof, and to build and construct sewers or drains by districts or otherwise ” as the mayor and council may designate ; the costs .and expenses to be assessed “ against all the lots or pieces of ground contained in the district ” in which the sewer is situated.
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Error from Wyandotte District Court. Hon. Henry L. Alden, Judge. Every city of the second class has power 1 ‘ to provide a system of sewerage and drainage for the city, or any part thereof, and to build and construct sewers or drains by districts or otherwise ” as the mayor and council may designate ; the costs .and expenses to be assessed “ against all the lots or pieces of ground contained in the district ” in which the sewer is situated. The assessments are to be “ certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties,…
1Opinion of the CourtMahan, P. J.
While there are nine assignments of error made by the plaintiff’s counsel in their brief, there are in fact but two questions involved in the decision of the case. The first is, whether lands owned by a railroad company within the corporate limits of a city of the second class are liable to assessments for local improvements,— in this case, for the construction of a sewer. The second question is, whether, in case such lands are subject to be assessed for local improvements, the statutes authorize a warrant to be issued by the treasurer of the county to enforce the collection of the assessment.
2Cases cited7 opinions
- Warren v. HenlySupreme Court of Iowa · 1870
- Hines v. City of LeavenworthSupreme Court of Kansas · 1865
- Rhodes v. City of ClevelandOhio Supreme Court · 1840
- Appeal of North Beach & Mission RailroadCalifornia Supreme Court · 1867
- Paine v. SpratleySupreme Court of Kansas · 1870
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3Cited by4 opinions
- Barber Asphalt Paving Co. v. WattSupreme Court of Louisiana · 1899
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. City of MinotNorth Dakota Supreme Court · 1924
- City of Alcoa v. Louisville & N. R.Tennessee Supreme Court · 1925
- Union Pacific Railroad v. City of Kansas CitySupreme Court of Kansas · 1914