Dargatz v. Pauley

Citations

• 91 Kan. 698
• 139 P. 419
• 1914 Kan. LEXIS 103

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction — Sidewalk Taxes — Levied in Conformity to Requirement of Statute. A city of the second class had in force a general ordinance relating to sidewalks, prescribing the width, material, width of space reserved, the manner of construction, and the procedure incident to the ordering of a sidewalk and its construction, a section of which ordinance gave directions touching the petition, notice and resolution required in order to construct a sidewalk. The required petition, notice and resolution were presented, given and adopted, and the tax to pay for the work was levied by the enactment of an ordinance. Held, that the city acted in substantial conformity with the requirement of section 1874 of the General Statutes'of 1909 that such work be authorized by ordinance, and that the collection of the tax should not he enjoined on the ground that the city had proceeded not by ordinance but by resolution.</p>