City of Winfield v. Lynn
| Decision Date | 10 June 1899 |
| Parties | CITY OF WINFIELD v. LYNN. |
| Court | Kansas Supreme Court |
Error from district court, Cowley county; W. T. McBride, Judge.
Proceeding by J. B. Lynn against the city of Winfield. Judgment for plaintiff, and defendant brings error. Affirmed.
Joseph O’Hare, for plaintiff in error.
Madden & Buckman, for defendant in error.
J. B Lynn brought this proceeding in the district court, under chapter 267 of the Laws of 1897, to exclude from the corporate limits of Winfield certain unplatted farm land improperly brought within the boundaries of the city. Resistance was made by the city, and after a trial the court found that the real estate of the plaintiff was unplatted farm lands, not used or intended for use for city purposes and that the boundaries of the city ought to be changed so as to exclude such land therefrom, and that by so doing no public or private rights would be injured or endangered. An order for the exclusion of the lands was made, of which the city complains. There is no complaint that the facts are not correctly found, but the city attacks the validity of the statute under which the proceeding was had, claiming that it is an attempt to confer legislative power on the district court. Within the decisions already made, the power exercised in this instance must be held to be judicial power. It is a controversy between the landowner on the one hand and the city on the other, the landowner contending that under the law and the conditions prescribed his land was not properly included within the corporate limits. The city denies this claim, and insists on its right to subject what is alleged to be mere farm lands to the burdens of municipal taxation. The legislature prescribes the conditions and the manner upon and by which adjacent lands may be included in the corporate limits of a city; but whether the conditions exist, and whether statutory procedure has been pursued, in a given case, are questions for judicial inquiry and decision. Questions of municipal policy are not committed to or to be determined by the court, but whether a city, in extending its boundaries, has kept within the limits fixed by the law, and pursued the methods marked out by the legislature, may be decided by a court when drawn in issue between the city and the landowner. Callen v. Junction City, 43 Kan. 627 23 P. 652: Huling v. City of Topeka, 44 Kan. 579, 24 P. 1110; ...
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