Sullivan v. City of Goodland

Citations

• 110 Kan. 359
• 203 P. 732
• 1922 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Construction op Sewer — Neither Condemnation Proceedings Nor Provision for Compensation for Land Taken is a Condition Precedent. A city may appropriate land for the purpose of constructing a sewer, without condemnation proceedings and without first making compensation or providing for an assessment of damages. (Railway Co. v. City of Hiawatha, 95 Kan. 471, 148 Pac. 744.)</p> <p>2. Same — Injunction Will Not Lie. Plaintiff,' claiming to be the owner of a strip of ground over which the city was proceeding to construct a storm sewer, brought an action to enjoin the city from proceeding with the work on the ground that it had no right to enter upon the land without condemnation proceedings or without first making provision for compensation. The court set aside a temporary injunction on the ground that plaintiff had no title to the land. Held, regardless of plaintiff’s title the actio’' .annot be maintained.</p>