State Highway Commission v. City of Topeka

The opinion of the court was delivered by

Fatzer, J.:

The sole question presented is whether the city of Topeka, a municipal corporation, has authority to subject real property owned by the State Highway Commission to special assessment for public improvements.

The city of Topeka created a Storm Sewer District which included within its boundaries certain real property owned by the State Highway Commission, an agency of the state of Kansas. The property and its appurtenances are occupied and used by the Commission as its Division Headquarters and Shops in the city of Topeka. Following…