Sutcliff v. City of Glasco

Citations

• 101 Kan. 419
• 166 P. 496
• 1917 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Paving — Special Assessments — Method of Appraisement — Good Faith. Under a statute providing that the cost of a local improvement shall be distributed among the pieces of property benefited thereby in proportion to their appraised value, the fact that the body making such appraisement adopts figures which produce the same net result as a prior assessment which was invalid because erroneously made upon the basis of frontage and location, is not conclusive evidence of a want of good faith in the application of the statutory method.</p> <p>2. Injunction — Special Assessments — Certain Evidence Properly Excluded. In an action to enjoin special assessments as excessive, evidence of irregularities in the prior proceedings held to have been properly excluded because not within the pleadings.</p> <p>3. Paving — Paid for in Warrants Instead of Bonds. A property owner is not entitled to an injunction against a special assessment for local improvements because warrants have been issued to the contractor instead of bonds, as contemplated by the statute, where the amount or time of payment of the tax is not thereby affected.</p>