Hines v. Board of County Commissioners

Citations

• 106 Kan. 682
• 189 P. 368
• 1920 Kan. LEXIS 630

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Road Benefit District — Petition Signed Conditionally■ — Road Can be Established Only by Giving Force and Effect to the Conditions. In an action by a landowner to enjoin the establishment of a road benefit district and the construction of a highway upon a petition signed by the requisite number of landowners of the proposed district, but which contained a proviso that “no award for improvements herein prayed for shall be made upon any bid which will make the average cost of the same per mile more than thirty thousand dollars,” it is held that if the petition is received and acted upon by the board, the force and effect intended by the subscribers must be given to the condition; and that the petition conferred no authority upon the board to construct a road costing more than the amount stated in the limitation.</p> <p>2. Same — Rights of Landowner to Enjoin Construction of Road. In such a case a landowner of the proposed district who did not sign the petition is entitled to insist that the work shall not be undertaken if the cost thereof will exceed the amount stated in the limitation, notwithstanding none of the signers is complaining of the action of the board.</p> <p>SYLLABUS BY THE COURT.</p> <p>Road Benefit District — Petition Signed Conditionally — Petition Not Necessarily a Nullity. A petition for the creation of a road benefit district and for the improvement of the road is not rendered a nullity by reason of a condition therein limiting the cost of the improvement. But if the board of county commissioners see fit to accept and act upon such a conditional petition, it must accept it as a whole and cannot ignore the condition and order the improvement made.</p>