Loup River Public Power District v. County of Platte

Special assessments were levied against plaintiffs property for benefits on account of the construction of a drainage ditch. Plaintiff paid the assessments, and after notice and demand for a refund brought this action at law to recover the same. The defendant demurred. The trial court sustained the demurrer, and dismissed the action. Plaintiff appeals. We reverse the judgment of the trial court.

Plaintiffs petition contained substantially the following allegations:

The plaintiff is a corporation organized under Senate File 310, Laws 1933 (now sections' 70-701 to 70-715, Comp. St. Supp. 1941),…