183 Iowa 1026 | Iowa | 1918
The defendant board of supervisors axithorized the cleaning and repairing of an existing drainage ditch, and made contract to have this done. The contractor performed work under this authorization and contract. An assessment has been levied, charging the lands of the plaintiffs. They instituted suit to have this assessment cancelled, on the ground that, no matter what Avas authorized by the board and contracted for, the work actually done was not cleaning and repairing, but Avidening and deepening said drainage ditch. The relief asked by them Avas granted by the trial, court.
While it is time the board of supervisors has authority to have an existing ditch widened and deepened and to make assessment for the costs thereof, this mayr be done only if notice be given; and none was given. See Code Supplement, 1907, Section 1989-all, as amended by Section 10, Chapter 118, Acts of the Thirty-third General Assembly, and Section 4, Chapter 87, Acts of the Thirty-fourth General Assembly, which Avas the laAV at the time involved in this controversy. So it does not matter that the work actually done might have been authorized, or that it Avas of benefit to these plaintiffs; and the sole question at this point is whether that for which it is sought to charge these plaintiffs was, in fact, no more than repairing and cleaning. If it Avas not repairing and cleaning, but widening and deepening, the cancellation of the assessment in revieAv was justified. The trial judge declares:
“It is clear to me that all parties concerned in the work in question Avere acting under a misapprehension of the facts. What Avas actually done Avas far in excess of removing a fill, and far in excess of repairing. It Avas enlarging, deepening and widening and lengthening.”
His conclusion upon this is that the assessing com
The decree below must be — Affirmed.