Bush v. City of Topeka

Citations

• 103 Kan. 897
• 176 P. 642
• 1918 Kan. LEXIS 416

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>T. Paving Street — Apportionment of Assessments — Block as the Unit. In making and apportioning a special assessment for paving a street in a platted portion of the city, the block is the unit, and the fact that the block may vary in size and shape from others in the city does not ffect the rule, or the validity of the assessment.</p> <p>2. Same — When Block is Regarded as Platted Ground. A block so situated must all be regarded as platted ground, although a part óf it has not been subdivided into lots pf the customary size, and it is subject to-assessment from the line of the improved street to the middle of the block.</p> <p>3. Same — Error in Assessment — Advantage of Plaintiff — Plaintiff May Not Complain. The fact that the assessment was extended only 300 feet from the improved street, when it should have been extended to the middle of the block, by reason of which the assessment upon the ground of plaintiff, the complaining party, was considerably lessened, is not an error of which the plaintiff can complain. A party cannot take advantage of an error which operates to his advantage.</p>