Sandburg v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

This is a suit by resident taxpayers of a road benefit district to enjoin the county commissioners of Wyandotte county from improving a road. The trial court sustained a demurrer to the petition, and plaintiffs have appealed. The Union Pacific Railroad Company was made a party defendant and filed a separate demurrer; but this branch of the case is not before us.

A petition in due form, signed by the requisite number of property owners in the proposed benefit district, was presented to the board of county commissioners, praying for the…