Coates v. Nugent

Citations

• 76 Kan. 556
• 92 P. 597

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Establishment of Sewer Districts-—Apportionment of the Cost. The provision of the statute regarding the establishment of sewer districts' that- “where any property has paid its full proportion for general sewers and drains in one district it shall not be transferred to any other and made liable for the construction of sewers or drains therein” (Laws 1903, ch. 122, § 149) is intended to prevent charging property which has already contributed to the cost of one sewerage system with a part of the cost of another which as to such property may be regarded as a substitute for the first; it does not forbid the creation of a minor division or subdistrict out of a part of the territory of a principal district and charging the property therein with the cost of a lateral or tributary sewer which is constructed for the special benefit of such property, nor the further creation of a yet smaller district within such subdistrict and charging it with’the cost of subsidiary sewerage designed for its especial benefit.</p> <p>2. - Compliance with the Statute — Evidence. The evidence in this case examined and held not to show any violation of the statute referred to.</p> <p>3. -Special Benefits — Conelusiveness of Legislative Determination. The determination of a legislative body that a certain tract of land is specially benefited by a proposed local improvement is conclusive upon a court in any case admitting of substantial difference of opinion. If the owner seeks to enjoin the enforcement of an assessment upon the ground that his land receives no benefit he assumes the burden of showing conclusively that no such benefit is possible, and a failure on his part to produce evidence regarding conditions by which the matter might be affected is fatal to his success.</p> <p>4. -Evidence Insufficient to Negative Possibility of Benefit. Where a tract of land in front of which a sewer has already been constructed is charged with a p