State ex rel. Dawson v. City of Wichita

Citations

• 88 Kan. 375
• 128 P. 369
• 1912 Kan. LEXIS 70

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities op First Class—Platted Addition^-Vacation—Present Status. Prior to 1890 a forty-acre tract of land lying wholly outside a city was platted as an addition to the city. In 1891 the plat was vacated by the board of county commissioners. The land has ever since been used as one tract for farming purposes. All conveyances affecting it have referred to it by its legal description. Held, that since the vacation of the plat it has been unplatted lands within the meaning of section 1220 of the General Statutes 'of 1909, which authorizes a city by ordinance to extend its limits so as to annex adjoining territory.</p> <p>2. Unplatted Lands—Power of City to Annex. A tract of unplatted lands exceeding- twenty acres not lying wholly or mainly within the limits of a city can not be added to or brought into the city by ordinance passed under the provisions of section 1220 of the General Statutes of 1909.</p> <p>3. City Ordinance—Changing Limits of City—-When Invalid. An ordinance changing the limits of a city which fails to declare the entire boundary of the city as changed in accordance with the requirement of section 1219 of the General Statutes of 1909 is invalid.</p>