211 N.W. 9 | Minn. | 1926
The city moved that the findings be amended by adding that when, in the exercise of the power of eminent domain, part of respondent's land was taken for the boulevard, only an easement for park purposes was acquired. The motion was denied, as was a motion for a new trial, and judgment was entered. This appeal is from the judgment.
If the paving assessment was as grossly excessive as the court found it to be, it amounted to a taking of respondent's property for public use without just compensation therefor. Such an assessment cannot be sustained. This is no longer an open question in this state. State ex rel. v. City of Ely,
But it is argued that in making the finding the trial court failed to give due weight to the determination of the assessing body that the special benefits amounted to $6,132.61. The determinations of public officials acting in a legislative or administrative capacity are not to be lightly disturbed by the courts. That principle was recognized in Re Assessment for Paving Concord Street, supra, and serves as a guide to trial courts in reviewing special assessments, and to this court in examining the findings when the sufficiency of the evidence to support them is challenged, but as in other cases, we do not reverse unless the evidence is against the findings. In re Assessment for Paving Concord Street, supra.
Respondent's land consists of a long, narrow, irregularly shaped parcel, bounded on the west by the boulevard and on the east by Cleveland avenue. It is described in In re Taxes,
It is unnecessary to go into greater detail. We are satisfied that the facts and circumstances disclosed by the record support the findings, and hence they must be sustained.
It is urged that a finding should have been made determining the nature of the title acquired by the city in the condemnation proceedings. As a general rule findings should cover all the issues of fact, but the court is not required to pass upon issues not determinative of the case, the rule being that the findings should be sufficient to authorize the judgment entered. Dun. Dig. 9851.
Whether the assessment was made on an erroneous principle of law, and whether it exceeded the special benefits to the property, were the ultimate questions of fact to be determined. The extent and nature of the rights acquired by the city in the condemnation *234 proceedings were facts of an evidentiary nature and were not essential to support the judgment entered. Presumably the court considered all such matters in making findings of fact. The finding that the special benefits did not exceed $2,050 necessarily led to the conclusion that the assessment should be reduced to that amount, supports the conclusions of law, and furnishes a sufficient basis for the judgment.
The final contention is that the court had no authority to fix the amount of the assessment and that if it was excessive the whole matter should have been remanded to the assessing body to make a new assessment. That contention is disposed of by the provisions of the city charter referred to in Re Assessment for Paving Concord Street, supra, and cannot be sustained. See also Armour v. Village of Litchfield, supra.
The judgment is affirmed.