Shepherd v. City of Kansas

Citations

• 81 Kan. 369
• 105 P. 531
• 1909 Kan. LEXIS 372

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Curative Act — Unauthorized Act of Municipal Corporation —Legislative Powers. A curative act of the legislature may validate and legalize any act of the corporate authorities of a municipality in the state, provided only that the legislature had the power under the constitution to authorize the municipal act in the first instance.</p> <p>2. Taxation — Special Assessment — Curative Act■ — Property “Liable” for Assessment. The qualifying phrase, “and against the property liable for assessment for such improvement at the time of the making thereof,” in section 129 of chapter 122 of the Laws of 1903, means the property which would have been liable for the special assessment had no infirmity existed therein or. in the steps leading thereto, which infirmity this section was enacted to cure by the terms thereof.</p> <p>3. - Invalid Assessment Enjoined — Reassessment — Res Judicata. The judgment of the court of common pleas of Wyandotte county perpetually enjoining the city of Kansas City, Kan., from the collection of an assessment under a former ordinance is not res judicata of the question here involved,. which is the validity of an assessment under a different and subsequent ordinance.</p>