93 Kan. 1 | Kan. | 1914
The opinion of the court was delivered by
In a petition for a rehearing, appellants insist that no attention was given to the contention that the petition for the improvement was altered by dropping out several blocks of the proposed paving, and that as such alteration rendered the petition void the statutory limitation did not apply. Perhaps the question was not given as much attention and discussion as it deserved, but it was certainly not overlooked. Reference was made in the opinion (92 Kan. 513, 141 Pac. 299) to the contention of appellants, which was that the defect in the petition was such that the mayor and council had no jurisdiction to act and that therefore the thirty-day statute of limitations had no application. In answer it was said in the opinion that the statute of limitations applied and that such defects are waived by the failure to act within the period of limitation. It was specifically said that: “The statute applies and cuts off defenses that the improvement proceedings are void by reason of fraud or other defects." (p. 515.)
The* authority to determine the sufficiency and validity of the petition is given to the city council. Appellants charged that the petition as it was started requested that the improvement be extended as far north as Eighth street, but that after a number had signed • the petition it was altered so as to make First street the northern limit, that this was done without the consent of those who had previously signed the petition, and that when changed it did not contain three-fourths of those residing in the city who owned property fronting on the street in the improvement district. The council, which is vested with the power to determine whether the petition contained the requisite number of names, decided that it was sufficient, that three-fourths of the
The petition for a rehearing must, therefore, be denied.