146 Iowa 671 | Iowa | 1910
On September 4, 1905, a petition was presented to the board of supervisors of. Montgomery County asking for the establishment of a public road fifty feet in width along the south side of section 33, township 11, range 34. A- commissioner was appointed to view the route of the proposed road, and, having reported adversely, no further action appears to have been taken upon said petition. On January 1, 1906, another petition was presented to the board for the establishment of a road forty-five feet wide over the same route. The commissioner recommended the establishment of the road, but the board refused to enter the order and denied the petition. Thereafter on June 22, 1906, another petition was filed for the establishment of a road of forty-five feet in width over the same route described in the previous petition. Some of the petitioners appear as such in all of the three several proceedings, while many others are signers of the last petition only. The commissioner appointed upon the last petition reported favorably thereon, and recommended the establishment of the road. The plaintiff, who is an adjacent landowner, thereupon filed what he entitled a “claim for damages,” which he would suffer if the road be established, though it wholly fails to suggest or claim the sum or amount required to compensate him for the alleged injury to his premises. He also objected to the establish
It is true as argued by the appellant that under Code, section 1488, as interpreted by this court in Hupert v. Anderson, 35 Iowa, 578, the adverse report of the commissioner worked a dismissal of the proceeding, and the hoard could not override the report and order the establishment of the road. Nor can a new commissioner be appointed upon the same petition in the hope or endeavor to obtain a more favorable report. Cook v. Trigg, 52 Iowa, 709; Morgan v. Miller, 59 Iowa, 481. But, the lack of jurisdiction in the board of supervisors to proceed with the establishment of a road after an adverse report by the commissioner being admitted, it by no means follows that it is also without jurisdiction to entertain an entirely new proceeding instituted by the filing of a new petition "for the establishment of a road on the same line or route contemplated in the first petition. That the board’s jurisdiction is not exhausted by a single proceeding which has been fully disposed of is distinctly held in Pagels v. Oaks, 64 Iowa, 201, The same rule is plainly suggested in