Norton v. Board of County Commissioners

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs appeal from a judgment sustaining a demurrer to their petition. Briefly summarized, the petition alleged that on June 23, 1919, a petition for the improvement of a road, under chapter 246 of the Laws of 1919, was filed with the board of county commissioners of Montgomery county; that the petition was granted July 7, 1919;. that notice to landowners was published as required by law immediately thereafter; that request was. made for Federal aid; that delay occurred; that about April 6, 1921, the commissioners caused to be…