Patrick v. Board of County Commissioners

Citations

• 105 Kan. 153
• 181 P. 611
• 1919 Kan. LEXIS 39

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Restraining Removal of County Seat — Taxpayer Proper Party Plaintiff. A taxpayer may maintain an action, under section 265 of the code of civil procedure, to enjoin the removal of a county seat, where that removal is attempted to be made in obedience to an election held under an unconstitutional law, and would result in the levy of a tax to provide county buildings and to pay the expense of such removal.</p> <p>2. Same — Necessary Allegations and Proof. To maintain an action under section 265 of the code.of civil procedure, it is not necessary for the plaintiff to allege or prove that he has no other adequate remedy, or that his injury would be irreparable; it is sufficient to allege and prove the facts which the statute sets forth.</p> <p>3. Same — Proceedings Not Prematurely Brought. Where a county-seat election has been called, and the circumstances are such that, after the result of the election has been ascertained, the county seat may be moved before any injunction can be served, an action to prevent the removal of the county seat may be commenced, and a temporary injunction may be served, before the election is held.</p> <p>4. Constitutional Law — Election—Relocation of County Seat — Special Law — Act Unconstitutional. That part of chapter 161 of the Laws of 1919 which reads, “provided, in counties having a population of less than two thousand and having a county seat not located on any railroad, and where at an election for that purpose the vote heretofore east in favor of the removai of the county seat was more than a majority of the votes cast, then in that event another election may be called at any time within two years after the date of such former election, and it shall only require a vote of a majority of the legal electors voting at such election to relocate the county seat and remove it from such place, and the b.oard of county commissioners shall upon the petition of three-fifths of the legal elector