Remington v. Walthall

Citations

• 82 Kan. 234
• 108 P. 112
• 1910 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Officers — Shade Trees Growing in Streets— Nuisance — Abuse of Discretion. In the exercise of their delegated powers to grade and improve streets municipal authorities are vested with discretion to determine whether growing trees are nuisances and what obstructions shall be removed, and when their decision is made every reasonable intendment of good faith should be indulged, but an arbitrary decision by an 'officer, not made in good faith, that shade trees of an abutting pwner are a nuisance, when in fact they are not and where there is no reason or public necessity for cutting them down, is no protection or defense to the officer who cuts them down when an action is brought against him to recover for the injury and loss.</p> <p>2. -Resolution or Qrdinance. It is competent for the city council to pass, a resolution directing the officers in charge of the grading of a street not to cut down certain shade trees until such action shall have been authorized by the council.</p>