City of Leavenworth v. Leavenworth City & Fort Leavenworth Water Co.

Citations

• 69 Kan. 82
• 76 P. 451
• 1904 Kan. LEXIS 215

Syllabus

<p>SYLLABUS BY THB COURT.</p> <p>1. Water-works—Purchase by City—Injunction by Company. The owner of a system of water-works erected and maintained under a valid city ordinance granting a franchise therefor for twenty years may enjoin the city from taking the plant in an unlawful manner, notwithstanding the expiration of such period.</p> <p>2. -Method of Selection of Appraisers Held a Substantial Part of the Contract. An obligation assumed by the owner of property to sell it at a valuation to be fixed by three appraisers, one of them to be chosen by such owner, cannot be made the basis of compliance with a subsequent statute requiring a sale to be made at a valuation to be fixed by appraisers in the selection of whom the owner has no voice. The method of the selection of such appraisers is a substantial part of the contract.</p> <p>3. - Construction of A ct of 1897. Section 12 of chapter 82 of the Laws of 1897 (Gen. Stat. 1901, §664), which was intended to authorize cities to acquire water-works by condemnation, but was held void for that purpose by reason of its defective title, cannot be construed as an attempt to require the sale of such property at a valuation to be fixed as therein provided.'</p> <p>4. - Construction of Act of 1891. Section 4 of chapter 73 of the Laws of 1891, if still in force, does not authorize the acquirement by condemnation of any water-works other than such as have been constructed under a grant made in accordance with the provisions of the preceding section of the same act.</p> <p>5. Practice, Supreme Court—Review of Injunction Proceed, ings. When the district court upon final hearing makes perpetual a temporary injunction previously granted, and such judgment is affirmed, this court will not consider the regularity of the order granting the preliminary injunction.</p> <p>6. Cities and City Oeeicers—Amendatory Act of1883 Hot Unconstitutional. Chapter 34 of the Laws of 1883 is designated by its title as an act to amend certain sections of