Root v. City of Topeka

The opinion of the court was delivered by

Dawson, J.:

The plaintiff appeals from a judgment sustaining a demurrer to her petition in which she sought'to enjoin the city of Topeka arid its mayor and commissioners from resurfacing and reguttering and repaving a portion of a street, and from levying and collecting taxes on plaintiff’s lots abutting thereon, to pay for such improvements.

*669Plaintiff’s petition alleged that she owned certain lots which would be subjected to taxation for the projected improvements ; that there was no law giving the right to repave, resurface, or regutter a paved street;…