Union Pacific Railroad v. City of Kansas City

Citations

• 92 Kan. 487
• 141 P. 302
• 1914 Kan. LEXIS 264

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Assessments — Grading Boulevard — ■Excessive Valuations — Tender Not a Prerequisite to Commencing Injunction Proceedings. Injunction is an equitable action, and where such an action is brought to enjoin a city from collecting an assessment made on a tract of unplatted land for the grading of a boulevard in the city, on the ground that the whole or a part of the land is not subject to such assessment, and the assessment being a percentage on the appraised value ■of the land per acre, is excessive for the reason that the entire tract does not contain as great an acreage as is assessed. Held, that there is no admitted liability of which tender of payment should be made as a prerequisite to the right of bringing the action.</p> <p>2. Same — All pertinent Controversies Should Be Adjudicated. Equitable jurisdiction having been acquired in the action, all the pertinent controversies between the parties should be adjudicated therein.</p>