Fairchild v. City of Holton

Citations

• 101 Kan. 330
• 166 P. 503
• 1917 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Paving Streets — Authority of City Commissioners — Statute. Under a statute (Gen. Stat. 1915, § 1764) which authorizes the mayor and .commissioners of a city of the second class to pave a street when they deem it necessary to'do so, subject to the right of the resident owners of more than one-half of the property subject to taxation for such paving to protest and thus prevent the projected improvement, it is immaterial whether the mayor and commissioners determined the necessity for the paving upon their own initiative or were prompted to consider the matter on a petition of resident property owners.</p> <p>2. Paving Streets — Protest of Resident Owners Not Directly Affected. Seven blocks of a street had been paved; it was proposed to pave three blocks of the same street; and there was one intervening block between the completed and the proposed paving. A protest by the residents of the intervening block against the proposed paving of the three blocks was without legal effect and could not prevent the proposed paving, since such protestants were not affected by the proposed paving.</p> <p>3. Same — Intervening Block- — Discretion of Commissioners. It takes nothing from the force of the proposition announced in paragraph 2 of the syllabus, that when the proposed three blocks of paving are completed the intervening block can be paved to connect the two paved portions of the street under-another statute (Laws 1911, ch. 123) at the discretion of the city, and without the sanction or acquiescence of the property owners of that block.</p> <p>4. Injunction — City Officers — Discretionary Powers. No court can enjoin a city and its officers from the bona fide exercise of official powers clearly conferred upon them by statute, and a court can only interfere where official powers are clearly abused — a fact nonexistent in the instant case.</p> <p>5. Paving Street — Ordinance Submitted by “Initiative” — Ordinance De- ■ feated at Election — Or