Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. City of Randolph

This is an action brought to secure an adjudication that a special assessment for paving, levied by the defendant city of Randolph against plaintiff’s property, is null and void and is not a lien thereon.

Plaintiff seeks to enjoin the collection of the assessment; to cancel it of record; and to quiet its title to property against the special assessment.

The special assessment was levied upon that part of plaintiff’s right-of-way “lying and being within the boundaries of Paving District #4, Randolph, Nebraska.”

The defendant city is a city of the second class. The county treasurer is also a…