Smith v. City of Kansas City

The opinion of the court was delivered by

Harvey, J.:

This was an action by affected taxpayers to enjoin . the city from repaving Minnesota avenue from Ninth street to Eighteenth street, and to enjoin the levy of special assessments and the issuing of tax bills and general obligation bonds of the city to pay the cost thereof. The trial court sustained demurrers by defendants to the second amended petition, and plaintiffs have appealed.

In ruling on the demurrers the trial court held that the action was not brought in time, and that the petition as amended did not state a cause of action. In…