Carey Salt Co. v. City of Hutchinson

Citations

• 72 Kan. 99
• 82 P. 721
• 1905 Kan. LEXIS 317

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — -Public Improvements — Discretion of City Authorities. A petition to the mayor and council of a city of the second class under section 1068 of the General Statutes of 1901 confers upon that tribunal exclusive power to cause such special improvements to be constructed and to determine the kind and quality thereof. In the exercise of that power they may enact, amend or repeal any ordinance relating to the special improvements under consideration, if the vested rights of third persons be not injuriously affected thereby.</p> <p>2. Mandamus — Parties—Property-owner. An owner of real estate abutting upon a street in a city of the second class who is liable for paving assessments has a special interest in the improvements that will enable him to institute a proceeding in mandamus if his interest be involved.</p>