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CHICAGO, ST. P., M. & O. RY. CO. v. CITY OF RANDOLPH

No. 34068.

81 N.W.2d 159 (1957)

163 Neb. 687

CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY, a corporation, Appellant, v. CITY OF RANDOLPH, a municipal corporation, and Louis Riibe, County Treasurer, Appellees.

Supreme Court of Nebraska.

February 8, 1957.

Attorney(s) appearing for the Case

Neely, Otis & Neely, Omaha, for appellant.

Van Pelt, Marti & O'Gara, Lincoln, Joseph G. Rogers, Randolph, Warren K. Dalton, Lincoln, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

This is an action brought to secure an adjudication that a special assessment for paving, levied by the defendant city of Randolph against plaintiff's property, is null and void and is not a lien thereon.

Plaintiff seeks to enjoin the collection of the assessment; to cancel it of record; and to quiet its title to property against the special assessment.

The special assessment was levied upon that part of plaintiff's right-of...

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