Chicago & North Western Railway Co. v. City of Redfield

HANSON, Presiding Judge.

The Chicago and Northwestern Railway Company is the owner of property included in one of the City of Redfield's proposed street improvement projects. This action to enjoin and restrain the proposed special assessment of abutting property was dismissed by the trial court and plaintiff appeals.

Pursuant to SDC 1960 Supp. 45.1701 1 the common council of the City of Redfield declared the necessity of improving certain streets with curb, gutter, and bituminous paving described as Street Improvement 1A which included abutting property owned by the railway company. The…