Anderson v. Board of Commissioners of Cloud County

77 Kan. 721, 95 P. 583 (1908)

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Anderson v. Board of Commissioners of Cloud County

Kansas Supreme Court
77 Kan. 721, 95 P. 583 (1908)

Facts

Under the general law of Cloud County, the county’s board of commissioners (the board) (defendant) required voter approval for construction projects over a certain amount. The board wanted to remove a bridge that went across McCrary Road and the Republican River and rebuild the bridge in a different location. The bridge, as it stood, provided the only means of access to a farm owned by C.G. Anderson (plaintiff). The project would require an appropriation of $8,000 and voter approval under the general law. Believing that voters would not approve the project and wanting to avoid an election, the board passed an act to remove and rebuild “a bridge, or bridges across the Republican” (the act). Anderson sued the board to stop the project and invalidate the act. The trial court refused Anderson’s request, and Anderson appealed.

Rule of Law

Issue

Holding and Reasoning (Porter, J.)

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