Chicago, Milwaukee, St. Paul & Pacific Railroad v. Custer County

In 1932' the plaintiff duly listed all of its property in Custer county for assessment and therein included the item “Power Plant, Machinery and Boilers” of the estimated value of $65,000. The assessor classified this property as falling within “class 4” of section 1999, Revised Codes of 1921, which fixed its “taxable value” at 30 per cent, of its actual value.

Contending that this property properly falls within class 2, which would render it taxable at 20 per cent, of its actual value, the plaintiff exhausted its statutory remedies, paid the first half of the 1932 taxes under protest, and…