(Download) "Watson v. City of Topeka" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Watson v. City of Topeka
- Author : Supreme Court of Kansas
- Release Date : January 10, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This appeal is brought by the defendant, the City of Topeka, from a judgment of the district court of Shawnee County, Kansas, holding subsection (f) of ordinance 11040 to be unreasonable and, therefore, unconstitutional and void, enjoining its enforcement by the city and ordering the return to plaintiff of all sums paid by him to the clerk of the district court. Throughout this opinion, the appellant will be designated as defendant, or city, and the appellee, as plaintiff, or Watson. The facts giving rise to this controversy are briefly, as follows: In January 1963, Watson entered into a contract with Shawnee County to erect a courthouse. A building permit was obtained from the city and construction was commenced late in the month. At that time, no fees were charged for the use and occupancy, during construction, of those parts of the city streets and sidewalks specifically covered by section 4402 of the city building code, which reads as follows: ""Sec. 4402. Material or equipment necessary for the work under a building permit may be placed or stored on public property in the following locations: ""(a) In Front of the Building Site. In the one-third portion of the roadway of the street that is adjacent to the curb in front of the building site for which a permit has been issued; provided that no material or equipment shall be placed or stored within five feet (5') of any rail or any street railway track. ""(b) In Front of the Adjoining Site. In the roadway of the street adjoining the building site for which a permit has been issued to the same extent and under the same restrictions as specified in Subsection (a). ""A due waiver of claim against the city for damages on account of such placement or storage must be obtained from the owner of such property and filed in the office of the Building Official before such materials or equipment may be placed or stored. ""(c) In the Alley. In the alley adjoining the building site for which a permit has been issued, provided that a clear and unobstructed roadway not less than Ten feet (10') in width is maintained through such alley along the building site. ""(d) Public Sidewalk in Front of Building Site. On any portion of the public sidewalk in front of the building site for which a permit has been issued, except on the walkway required to be maintained.""
 "Watson v. City of Topeka" by Supreme Court of Kansas # eBook PDF Kindle ePub Free){kind=link}