City of Paola v. Wentz

Citations

• 79 Kan. 148
• 98 P. 775
• 1908 Kan. LEXIS 203

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations ■— Control of Streets — Removal of Shade Trees — Injunction. Assuming that the question whether a shade tree growing in the street should be removed is one to be determined by the city officers, not subject to review by the courts, yet in order for their determination to be conclusive it must be made fairly and in good faith; if made arbitrarily, action under it may be enjoined as an abuse of discretion.</p> <p>2. -Sidewalks—Removal of Shade Trees. The officers of a city may not, against the objection of the abutting owner, remove a shade tree from the street merely for the sake of enabling them to place a sidewalk in a position different from that prescribed by ordinance.</p> <p>3. - Authority to Remove Shade Trees. The removal by officers of the city of shade trees growing in the street may be enjoined where the only reason offered to justify such re- . moval is insufficient as a matter of law, and no , other purpose is disclosed.</p>