103 Kan. 169 | Kan. | 1918
The opinion of the court was delivered by
Prior to 1917 proceedings were begun for the improvement of a highway under a statute providing that one-fourth of the cost should be paid by the township, and that the remainder should be charged against the land in a benefit district. (Gen. Stat. 1915, §§ 8815-8826.) By reason of litigation which resulted in confirming the validity of the steps already taken (Stevenson v. Shawnee County, 98 Kan. 671, 704, 159 Pac. 5), the work was delayed, and in the meantime the statute was amended (Laws 1917, ch. 265), the amendment being specifically made applicable to roads theretofore petitioned for (§14). In the new statute the distribution of the cost was changed so that the township should bear one-fourth, the county one-half, and the land in the benefit district the remainder. (§ 6.) The county commissioners had advertised for bids for doing the work, when a new action was brought to enjoin it by an owner of land in the benefit district and a resident of the township who is liable for taxes on property elsewhere in the county. The plaintiffs were denied relief, and appeal.
The judgment is affirmed.