Missouri Pacific Railroad v. Board of County Commissioners

The opinion of the court was delivered by

Fromme, J.:

The Missouri Pacific Railroad (Mo-Pac) filed a declaratory judgment action in the district court to determine the validity of a home rule resolution referred to as the “Greeley County Dirt Embankment Act,” passed by Greeley County. The case was submitted to the court on documentary evidence which evidence included the pleadings, certain exhibits, affidavits and the deposition of Thomas Hall, assistant engineer for Mo-Pac. The district court found that several sections of the “Greeley County Dirt Embankment Act” contravened the home rule…