Union Pacific Railroad v. Board of County Commissioners

The opinion of the court was delivered by

Dawson, J.:

This was an action to enjoin the defendant board of county commissioners of Jefferson county from levying a special assessment on plaintiff’s railway property to pay for á paved road in a certain benefit road district in which such property was located.

The benefit road district in question is comprised of about 8,000 acres of land in Kaw township, Jefferson county, and includes about 80 acres of property belonging to plaintiff devoted to railway service, and on which there exists 6.10 miles of double main line railway tracks, highly…