Watts v. City of Winfield

Citations

• 101 Kan. 470
• 168 P. 319
• 1917 Kan. LEXIS 121

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Paving — Street Through Platted and Unplatted Grounds■ — Method of Special Assessments. Under a statute providing that assessments to pay for paving streets shall be made on all lots and pieces of ground to the center of the block on either side, but that when the street runs in part through unplatted ground they “shall be levied on the lots and pieces of ground along said street,, on either side thereof to the same distance on either side of said street as the levy is made where the street to be improved runs through platted ground” (Gen. Stat. 1915, § 1706), the distance to the center of the block on each side of the street regulates the distance to which the unplatted ground on that side of the street is to be assessed.</p> <p>2. Same — Assessing to Center of Block — Constitutional Law. The fact that the blocks on opposite sides of the street are of different depth, as a consequence of which the unplatted ground on one side is assessable fox a greater distance than on the other, does not render the statute, as so construed, obnoxious to the 14th amendment to the federal constitution.</p> <p>3. Same — Tract of Ground Surrounded by Streets — Levying Assessments. The mere fact that a tract of ground lies within a city, and is surrounded on all sides by streets, does not require it to be treated as a platted block for the purpose of levying assessments for the pavement of one of the streets.</p> <p>4. Same — Lots Not Abutting Street — Liable to Assessments. The fact that a part of an otherwise unplatted tract has been platted into lots which do not abut upon the improved street, does not exempt it from contributing to the cost of a pavement, where its distance from the street is less than the distance from the street to the center of a block on the same side of the street which abuts on the improvement.</p> <p>5. Same — Special Assessments — Injunction—Tender. No tender is necessary to enable a plaintiff to present by injunction an