Linnecke v. Department of Highways

OPINION

By the Court,

Badt, J.:

This appeal is from judgment of the lower court denying to appellants, plaintiffs below, an injunction restraining the Department of Highways of the State of Nevada from constructing or expending state funds for the construction of what is known as the Third Street Freeway in Reno, or for the acquisition of property by eminent domain proceedings for a right of way for the location of the freeway.

The action was brought by appellants as taxpayers, on behalf of themselves and all others similarly situated.

Appellants alleged that shortly after November 26, 1957 the…