Bull v. Kelley

Citations

• 83 Kan. 597
• 112 P. 133
• 1910 Kan. LEXIS 589

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Vacation of Blocks and Streets — Change of Boundaries. Section 15 of chapter 261 of the Laws of 1889, vacating certain specified blocks in the city of Cimarron, and’section 67 of the same act, vacating the streets and alleys within the boundaries of vacated blocks, when read together had the effect of vacating solid portions of the town site more than five acres in extent. Section 1 of chapter 66 of the Laws of 1893, excluding from any town site portions thereof more than five acres in extent theretofore vacated by the legislature, applied to such portions of the city of Cimarron and operated to exclude them from the corporate limits of the city.</p> <p>2. -Special Act Conferring Corporate Power — Stare Decisis. If the question were a new one, section 1 of chapter 66 of the Laws of 1893, as applied to the facts of this case, would doubtless be held to confer corporate power by special act and consequently to be unconstitutional. Since, however, the section was held to be constitutional in 1899 in the case of Allen v. Town Co., 60 Kan. 857, affirming Town Co. v. City of Smith Center, 6 Kan. App. 252, the doctrine of stare decisis applies and the former decision will not be disturbed.</p>