68 Iowa 550 | Iowa | 1886
The improvement which is the subject of controversy was made upon Main street, from First to Eighth street. Main street is the principal business street of the
It is unnecessary that we should set out the ordinances and resolutions of the city council under which these assessments were made. It is sufficient to say that they fully authorized the council to proceed as it did, from the order for the improvement up to making the assessment, and there can be no question that the city had the power to improve the streets at the expense of the property owners.
The plaintiffs claim that the alteration in the surface of the street was a change in the established grade, and was unlawful, because no offer has been made to compensate them for their damages consequent upon the change of grade. We think there was no change of grade. While it is true that the surface of the street at the curb is a few inches lower than it was before the improvement, the new curb is on the same level as the old, and some of the plaintiffs testify, and the evidence altogether is to the effect, that the change is no injury to the property of the plaintiffs. Indeed, the preponderance of the evidence is that the change in the surface of the street is a positive benefit to the abutting property.
We can discover no grounds for holding that these assessments are illegal, and we think the decree of the» court below must be
Reversed.