52 Kan. 88 | Kan. | 1893
The opinion of the court was delivered by
This is an action to compel the mayor and councilmen of the city of Kansas City to reapportion the costs of grading Seventh street, from Minnesota avenue to Euclid avenue. In May, 1887, a sufficient petition was pre
The expense of the improvement should have been assessed against the lots and parcels of land abutting on the part of the street so improved, and the part so improved ought not
“No suit to set aside the said special assessments, or to enjoin the making of the same, shall be brought, nor any defense to the validity thereof be allowed, after the expiration of 30 days from the time the amount due on each lot or piece of ground liable for such assessment is ascertained.” (Laws of 1887, ch. 101, § 1.)
The plaintiffs in this action had an ample remedy by injunction, of which they did not avail themselves. (Simpson v. Kansas City, supra; Wahlgren v. Kansas City, 42 Kas. 243.) Section 20, chapter 37, Laws of 1881, reads:
“In case the corporate authorities have attempted to levy any taxes or assessments for improvement, or for the payment of any bonds or other evidence of debt, which taxes or assessments may have been informal, for the want of sufficient authority or other cause, the council of such city, at the time fixed for levying general taxes, shall relevy and reassess any such assessments or taxes, in the manner provided in this act.” (Gen. Stat. of 1889, ¶568.)
No demand was made upon the defendants for a reapportionment of the assessment for the improvement of the street until August, 1891, and no legal proceedings were commenced in this court until a year after. If a sufficient application had been made by a proper party at a time when the statute first authorized the mayor and city council to make a relevy, then this court might have, under said § 20, compelled such a re-levy. But there has been so much delay in making this application, and so many complications may now arise if such relevy is made, in a proceeding where a few abutting owners only are petitioning for the same, that we do not think, under all the circumstances, the writ prayed for should at this time