Stevenson v. Board of County Commissioners

Citations

• 98 Kan. 671
• 159 P. 5
• 1916 Kan. LEXIS 160

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Road Tax — Parties Plaintiff — Taxpayers — Statute. Property owners and taxpayers affected by any'tax levied under the provisions of chapter 201 of the Laws of 1909 may prosecute, an action to enjoin the board of county commissioners from constructing and improving a road under that chapter.</p> <p>2. Highways — Improvement—Petition—Sufficiency—Finding of County Commissioners Conclusive — Bona Fid.es. In the absence of fraud, corruption or other misconduct the substantial equivalent of fraud, the finding of the board of county commissioners on the sufficiency of a petition under chapter 201 of the Laws of 1909 is final and conclusive on the property owners and taxpayers affected by any improvement ordered under that petition.</p> <p>3. SAME — Signatures to Petition. This rule applies to the legality and authenticity of the signatures to the petition.</p> <p>4. Same — Boundaries of District. The same rule applies to the determination of the board of county commissioners concerning the boundaries of the district, as set forth in the petition.</p> <p>5. Same — Cost of Improvement. The rule likewise applies to the cost of the proposed improvement.</p> <p>6. Same — Improvement—Statute Not Repealed by Implication — Provisions Not Inconsistent. Chapter 200 of the Laws of 1909 does not repeal chapter 201 of the Laws of 1909, or any part thereof, by implication. The two chapters provide separate and distinct methods of improving roads, and both may be resorted to in any county at the same time for the improvement of different roads.</p> <p>7. Constitutional Law — ■Highways — Improvement — Statute Valid. Chapter 201 of the Laws of 1909 is not unconstitutional for any of the following reasons: (a) That the provisions of the constitution were not observed in the passage of the act. (6) That the act imposes on the township a tax without giving the township any voice, hearing or representation with respect to the tax. (c) That the