Home/Supreme Court of Kansas/Davies v. City of Lawrence

Davies v. City of Lawrence

545 P.2d 1115, 218 Kan. 551, 1976 Kan. LEXIS 304
CourtSupreme Court of Kansas
DecidedJanuary 24, 1976
Docket47,780
StatusPublished
Cited by12 cases

This text of 545 P.2d 1115 (Davies v. City of Lawrence) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davies v. City of Lawrence, 545 P.2d 1115, 218 Kan. 551, 1976 Kan. LEXIS 304 (kan 1976).

Opinion

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from a judgment wherein the trial court rejected the appellants5'protest petition and refused to enjoin the City ofJLawrenceNKansas, from constructing sidewalks ancL assessing" the costs against all property within a benefit district created by the City pursuant to K. S. A. 12-6a01, et seq.

The facts are stipulated. The City of Lawrence, Kansas, (defendant-appellee) is a municipal corporation duly organized and existing under the laws of the State of Kansas and classified as a City of the first-class. Lloyd M. Davies and the other plaintiffs-appellants were, as of June 26, 1973, resident and non-resident owners, or both, of property located within a benefit district created by the City of Lawrence (hereafter the City) by Resolution No. 3886 on February 20, 1973.

This resolution directed that certain sidewalks, be installed and it created a benefit district to be assessed for the cost of the installation. The benefit district covers that part of the City of Lawrence lying east of Iowa Street, south of 19th Street, west of Louisiana Street, and north of 23rd Street, totaling 10,772,806 square feet. The area covered by the benefit district contained three schools owned by Unified School District 497, and other property owned by the City of Lawrence, the State of Kansas and the, United States Government, for a total of 2,630,996 square feet.

Under the plan proposed by the City property in the benefit district could be assessed without having a sidewalk constructed in front of the property. The proposed sidewalks, referred to by the appellants as a skeletal system, were to be built only on certain property and on one side of certain streets. These streets were selected in accordance with two traffic surveys identifying the streets with heavy automobile traffic. For clarity a map is included *554 to show the location of the sidewalks. The heavy dark lines around the map show the benefit district’s boundaries. On the northern boundary of the benefit district, along the south side of 19th Street, a sidewalk is planned, hence two dark lines are shown. Existing sidewalks are shown with a dotted line. With the exception of two lots located near Centennial School and surrounded by heavy lines (and the boundary line on 23rd Street and Iowa Street where no sidewalk is proposed), all other heavy lines indicate the proposed sidewalks. Thus the proposed sidewalks generally run east to west along 19th Street and 21st Street, and run north to south along Ousdahl Street, Naismith Drive and Alabama Street.

*553

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Cite This Page — Counsel Stack

Bluebook (online)
545 P.2d 1115, 218 Kan. 551, 1976 Kan. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davies-v-city-of-lawrence-kan-1976.