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· 2/9/1918

Riverside Park Ass'n v. City of Hutchinson

Citations

  • 102 Kan. 488
  • 171 P. 2
  • 1918 Kan. LEXIS 74

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Paving — Special Assessments — Injunction—Limitation of Actions. The statutory limitation that an action cannot be maintained to enjoin or contest a special assessment for .the improvement of a street, unless it is begun within thirty days after the amount due on each lot or piece of ground assessed is ascertained (Gen. Stat. 1915, § 1217), applies to invalidity as well as irregularity in the proceedings, including objections that the taxing district extends over too much ground, and also where the land assessed included abutting ground not platted, and also lots and blocks lying beyond the unplatted part which did not abut on the improved street. Invalid proceedings of the kind named, which would defeat an assessment if attacked in time, are not open to attack if the time limit has expired.</p>

Judges: Johnston

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