Union Pacific Railroad v. City of Kansas City

The opinion of the court was delivered by

Porter, J.:

Plaintiff in error brought these suits to enjoin the assessment and collection of special-improvement taxes for the grading, paving and curbing of Fifth street from Euclid avenue to Central avenue, in Kansas City, Kan. From a judgment refusing a permanent injunction plaintiff brings this proceeding in error. ,

The cause was tried upon an agreed statement of facts. The plaintiff’s petition claimed that prior to the adoption of the resolution declaring the improvements necessary there had not been filed with the city clerk a petition signed by…