Stutz v. Board of County Commissioners

The opinion of the court was delivered by

Dawson, J.:

This is an appeal by plaintiff from a judgment in *136his favor in an action to enjoin the defendants from levying and collecting assessments upon a parcel of land owned by him in a tract of platted acreage designated “West Hills” and which is located about a quarter of a mile west of the city of Lawrence.

It appears that in 1931 the board of county commissioners let a contract for the paving of a public way in the platted territory, which at indefinite points throughout its extent was designated as “West Hills Terrace,” “West Hills Parkway,” and…