Smith v. City of Courtland

Citations

• 103 Kan. 142
• 172 P. 1027
• 1918 Kan. LEXIS 206

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City of Third Class — Grading of Streets. The statute providing that the grade of a street may be established by ordinance, and when 'so established shall not be changed without a three.-fourths vote of the city council, does not prevent the establishment of a grade by any other method than the adoption of an ordinance.</p> <p>2. Same — Establishing Street Grades — Contracting- Street Improvements — Levying Assessments. The statute providing that for the purpose of paying for certain improvements, after the streets “have first been brought to grade,” assessments shall be made upon the •abutting-property does not fix the order in point of time in which the grade shall be established with respect to the contracting for the improvements or the levying of the assessments, but is intended to insure that the abutting property shall not be required to carry the expense of bringing the street to grade, by providing that it is only the expense that accrues after that work has been done which shall be charged to the adjoining lots.</p> <p>3. Same — Error in Contract for Street Improvements — Injunction. The evidence held to warrant a finding that the price fixed in a contract for curbing and guttering certain streets included a charge for bringing to the established grade the part of the streets which was to support the curb and gutter, and therefore to justify an injunction against it's enforcement.</p> <p>4. Same. Other defects in proceedings for the improvement of streets considered but not definitely passed on.</p>