Oregon Short Line Railroad v. Village of Chubbuck

SMITH, Justice.

Appellants are referred to as the Railroads, and respondent, an incorporated village, as the Village.

Appellants Railroads (plaintiffs) instituted this action to void Ordinance No. 47 of the Village (defendant), enacted April 24, 1959, attempting annexation of certain railroad land to the corporate limits of the Village. This land constitutes approximately one mile, — 12.29 acres, — of the Railroads’ right of way, and a small parcel, — .49 acre, — of their “operating property” contiguous to the right of way, totaling 12.78 acres, described in the Railroads’ complaint and in the…