State ex rel. Griffith v. Board of County Commissioners
State ex rel. Griffith v. Board of County Commissioners
Opinion of the Court
The opinion of the court was delivered by
The plaintiff appeals from a judgment of the district court declaring that section 5 of chapter 214 of the Laws of 1925 is permissive. That section reads:
“That section 68-607 of the Revised Statutes of Kansas for 1923 is amended to read as follows: Sec. 68-607. That the board of county commissioners in any county in which state highways have been built or may be built hereafter under the benefit district plan may apply the county and state road fund to the reimbursement in full of all assessments made and collected from landowners whose land lies one (1) miles or more from the road for which the benefit district tax was assessed and collected, and it may reimburse all landowners whose land lies within the first zone and not exceeding one (1) mile of the highway upon which a benefit district tax has been assessed and collected, in the amount over and above two per cent (2%) of the appraised value of said land and improvements: Provided, That no such reimbursement shall be made until proper maintenance of said road has been provided for.”
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.