Missouri Pacific Railroad v. Board of County Commissioners

The opinion of the court was delivered by

Portee, J.;

The action was one to enjoin a special assessment against the property of the railroad company for the construction of a hard-surfaced road. The plaintiff prevailed and the defendants appeal.

The main contention argued in defendants’ briefs is that the action was barred by section 1 of chapter 246 of the Laws of 1919, ■which reads:

“And no action shall be brought to restrain the making of such improvements, or payment therefor, or levy of taxes or special assessments or issuance of bonds therefor, on the grounds of any illegality in said…