Gardner v. Board of Commissioners

Citations

• 100 Kan. 351
• 164 P. 182
• 1917 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sewer — Special Assessments■ — Injunction. In an action to enjoin the collection of a special assessment for the cost of a sewer, on the ground that the amount is too large, the question whether by the adoption of a different plan the same benefits might have been obtained for the property in question at a less cost is not open to inquiry.</p> <p>2. Same — Fcdlure of City to Supply Water. The fact that the city has not supplied water for use in flushing is not a bar to the collection of special assessments for the cost of a sewer.</p> <p>S. Same — Special Assessments — Inequality of Apportionments — Injunction. In an action to enjoin the collection of assessments against the property in a subdistrict for the cost of a lateral sewer no relief can be had because of any inequalities in the apportionment of the cost of the main sewer, which has become final and unassailable.</p>