13-906. Same; limitation of actions. No suit nor action of any kind shall be maintained in any court to set aside or in any way contest or enjoin the levy of any special assessment for constructing or repairing any sidewalk, pavement, sewer or any other public improvement after the expiration of thirty days from the time the amount due on each lot or piece of ground liable for such assessment is ascertained.
History: L. 1903, ch. 122, § 130; March 18; R.S. 1923, § 13-906.
CASE ANNOTATIONS
1. Section applies to cases where assessment has been relevied. Kansas City v. McGrew, 78 Kan. 335, 96 P. 484.
2. Judgment holding original levy void; section applies to new proceedings. Kansas City v. McGrew, 78 Kan. 335, 96 P. 484.
3. Action to enjoin special assessment held barred hereunder. A.T.& S.F. Rly. Co. v. Spaeth, County Treasurer, 82 Kan. 861, 862, 109 P. 186.
4. Limitation applies even though ordinance provides for thirty days' notice. Gardner v. City of Leavenworth, 94 Kan. 509, 512, 146 P. 1000.
5. Statute begins to run when ordinance levying assessment is published. Gardner v. City of Leavenworth, 94 Kan. 509, 512, 146 P. 1000.
6. Claim that land not benefited by improvements; limitation applies. Wyandotte County v. Haskell, 97 Kan. 304, 305, 154 P. 1029.
7. Limitation applies to invalidity as well as irregularity of assessments. Park Association v. City of Hutchinson, 102 Kan. 488, 490, 171 P.2.
8. Land claimed wrongfully assessed; limitation herein applies to action. Park Association v. City of Hutchinson, 102 Kan. 488, 490, 171 P. 2.
9. Special assessments cannot be attacked after expiration of thirty days. Mason v. Kansas City, 103 Kan. 275, 278, 173 P. 535.
10. Act applied to action to enjoin refunding of improvement bonds. Howe v. City of Florence, 121 Kan. 202, 246 P. 510.
11. Limitation applied to action to enjoin special assessment. Buckwalter v. Duncan, 126 Kan. 179, 267 P. 962.
12. Action to enjoin special assessment brought within limitation not barred. Alber v. Kansas City, 138 Kan. 184, 193, 25 P.2d 364.
13. "Amount due is ascertained" when ordinance making assessment is published. Barker v. Kansas City, 146 Kan. 347, 358, 360, 361, 70 P.2d 5.
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