State ex rel. Burnett v. City of Hutchinson

Citations

• 109 Kan. 484
• 207 P. 440
• 1921 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Quo Warranto — Extension op City Limits — Jurisdiction Long Exercised — Presumption of Regularity of Proceedings. In 1889 a city of the second class presented a petition to the judge of the district court asking permission to extend the city limits so as to include several described tracts of land. Permission was granted to include some of the tracts and denied as to others. The city passed an ordinance including one of the tracts denied, and immediately thereafter and continuously for more than thirty years exercised unquestioned authority over that tract by giving police and fire protection, levying taxes, and building sewers. About a year after the passage of the ordinance, another ordinance was passed defining the city limits as they then existed. It included the questioned tract described in the first ordinance. Held, that in an action commenced by the state on the relation of the county attorney, after the lapse of thirty years, it will be presumed that the tract was legally included within the city limits, and that presumption should not be overthrown except by the most clear and convincing evidence.</p>