Snyder Realty Co. v. City of Overland Park

The opinion of the court was delivered by

Foth, C.:

This is an action to enjoin the levying of a special assessment against plaintiff’s real estate for certain street improvements made by the defendant City of Overland Park. The trial court upheld the assessment and refused to enjoin its levy; plaintiff appeals.

The basic issue is whether plaintiff’s property was lawfully included within the improvement district created by the defendant city.

The improvement made was the paving to a width of 36 feet of two city streets, together with accompanying storm drainage and sidewalks. Those streets were…