Evans v. Edelbrock
Citations
- 106 Kan. 233
- 187 P. 664
- 1920 Kan. LEXIS 492
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Roads and Highways — Vacation and Relocation of Road — Jurisdiction of County Commissioners. Where a valid petition for the laying out of a road, or the vacation of one and its relocation on another line, is presented to a board of county commissioners and allowed, its determination as to the practicability of the proposed road, including the convenience and public utility of the same, involves the legislative and administrative- powers of the board, and the exercise of these functions are beyond the' jurisdiction of- the district court, and no appeal is allowed from the decision.</p> <p>2. Same — Opening of Road — Claim of Damages — Right of Appeal. Matters pertaining to the damages sustained by a landowner through the location or relocation of a road are judicial in character, and an appeal from orders in the allowance of damages may be taken.</p> <p>3. Sanie — Claim for Damages — Waiver of Jurisdiction to Lay Out Road. One who claims damages for the location or relocation of a road cannot be heard to object to the order making such location or relocation.</p> <p>4. Same — Pending of Mandamus Proceedings. The pendency of a proceeding in mandamus against a township trustee to compel the opening of a road does not prevent a board of county commissioners from allowing a petition to vacate the road or from establishing the same on another line.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “ ‘[C]hanging conditions may give rise to new rights under the law, and, also, where the reason on which existing rules of the common law are founded ceases, the rules may cease to have application.’ ”
- “[I]t is the Constitution, not the debates, that was finally submitted to the people. While the debates may assist in an interpretation of the Constitution, neither they nor even the Address to the People is controlling.”
- “[I]t is the Constitution, not the debates, that was finally submitted to the people. While the debates may assist in an interpretation of the Constitution, neither they nor even the Address to the People is controlling.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.