City of Kansas City v. Burke

Citations

• 92 Kan. 531
• 141 P. 562
• 1914 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Obstruction of Street — May be Enjoined by City. A city may maintain an action to permanently enjoin the obstruction of a public street.</p> <p>2. Highway — street — Dedication by Act of Estoppel. A' dedication of a highway may be shown by acts of estoppel on the part of a landowner, and where the proceedings for laying out a highway by the public authorities are defective, but it is shown that the owner of the land through which the road was attempted to be laid out signed the petition, was present with the viewers when they viewed the road, made a claim for damages and accepted the amount awarded, fenced his land on one side of the road and for years thereafter acquiesced in its improvement by the road overseer, he is estopped from contesting the validity of the highway, and his acts followed by user will constitute a dedication.</p> <p>3. Same — Color of Title — Defective Records. In such a case thd records, although defective, are admissible in evidence to show color of title and the nature and extent of the claim of the public under the proceedings.</p> <p>4. Same — User—Duration of, Immaterial. Except when user is relied on to raise a presumption of dedication the duration of the user is wholly immaterial.</p> <p>5. Same — Title in City to Use of Street. Upon the facts stated in the opinion the judgment granting a permanent injunction against the defendants and quieting the title of the city to tha use of a public street is upheld.</p>