Keys v. City of Neodesha

Citations

• 64 Kan. 681
• 68 P. 625
• 1902 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Taxation — Special Assessment. A special assessment on abutting lots, according to their front feet, to pay for grading the street, preparatory to putting down a sidewalk, is illegal. Such, expense should be provided for by a levy on all the taxable real estate within the corporation.</p> <p>2. -Not Estopped to Maintain Injunction.. The owner of such lots is not estopped to maintain '«junction to restrain the sale under an illegal special assessment because he did not commence his action before the improvements were made, when it is alleged and admitted that, prior to the commencement of the work, he served written notice on the mayor, street commissioner and contractors not to build such walk and that he would not be responsible therefor.</p>