Hines v. Board of County Commissioners

The opinion of the court was delivered by

Porter, J.:

In a taxpayers’ suit to enjoin proceedings for the establishment of a road benefit district and for the improvement of a road, the trial court sustained a demurrer to the petition, and the plaintiffs appeal.

The Atchison, Topeka & Santa Fe Railway runs from the east line of Barton county to the east line of the city of Great Bend through the entire length of the proposed benefit district and is the largest taxpayer in Barton county and in the townships through which it is proposed to construct the road. It is shown in the petition that on the…