Kaw Valley Drainage District v. Board of County Commissioners

Citations

• 110 Kan. 566
• 204 P. 723
• 1922 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Discretionary Writ — Principles Which Govern in Action in Mandamus. The writ of mandamus is discretionary; an action in mandamus is not governed by the principles of ordinary litigation where matters alleged on one side and not denied on the other are taken as true and judgment pronounced thereon as of course; nor can the lawful powers of an official board be enlarged beyond their statutory scope by a judgment involving questions of law which are not adversely contested.</p> <p>2. Drainage District — Limitation oj Powers oj District. The basis for the powers of a drainage district board to institute and maintain litigation is to enable it to reduce or minimize the hazard of floods in the territory subject to its jurisdiction, and matters pertinent thereto; and such powers do not extend beyond those limits, nor can the drainage district board maintain an action to compel the board of county commissioners to build a bridge, when its construction will not in any degree lessen the flood hazard which the drainage board seeks to eliminate.</p> <p>3. Same — Power oj Drainage District to Order Removal or Reconstruction of Bridges. A drainage district board has power to order the removal or reconstruction of a bridge or part of a bridge which tends to increase the hazard of floods, and to conduct litigation to enforce its reasonable orders designed to that end; but when it makes such an order and the enforcement thereof is temporarily restrained by a court of competent jurisdiction, it has no power to order the construction of another bridge near the site of the one which it has determined to be a flood menace, especially so long as there is an apparent purpose, to permit the bridge which does cause the flood menace to remain in the river channel without being disturbed, or if such is the result of the action which it seeks to prosecute.</p> <p>4. Same — Facts Forming Basis jor This Action ¡or a Writ o¡ Mandamus. The board of co