Meistrell v. Board of County Commissioners

Citations

• 76 Kan. 319
• 91 P. 65
• 1907 Kan. LEXIS 257

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Parties—Taxpayers. Taxpayers who bring a suit under chapter 334 of the Laws of 1905 to enjoin a board of county commissioners from carrying out a contract for the building of a bridge and appropriating money to pay for the same do not sue in behalf of the public, or in any representative capacity, but only for the protection of their own interests.</p> <p>2. - Estoppel — Inequitable Conduct of Plaintiffs. The rule that equity will not aid those who have been guilty of inequitable conduct in the matter presented as a basis for equitable relief applies to such taxpayers the same as to ordinary suitors.-</p> <p>3. ■ — -—• Payment for a Bridge — Irregularities in Letting Contract — Laches of Plaintiffs. It would be inequitable to allow such taxpayers, who had a knowledge' of the letting of the contract and who stood silently by for’ months until the greater part of the work was done and the contractor had incurred great expense, to enjoin the board of county commissionexs from paying for the bridge when complete because of irregularities in the letting of the contract and a defective exercise of authority conferred by law upon such board. ’</p>