Board of County Commissioners v. City of Osborne

(dissenting) : I am unable to concur in the conclusion reached in the foregoing opinion.

A county is a body corporate clothed with power to acquire and own property, and it has been'determined that a square on which the courthouse is built is subject to assessment for municipal improvements. (Comm’rs of Franklin Co. v. City of Ottawa, 49 Kan. 747, 31 Pac. 788.) A county, being the owner of property abutting on the street to be improved, is interested in the-project to the same extent as any other owner of property, and for the protection of the property there is the same necessity to petition…