156 Iowa 398 | Iowa | 1912
The board of supervisors of Greene county established what was known as drainage district No. 7 which comprised something over 1,600 acres of land, 320 of which belonged to appellee, Lightner. No complaint was made of any of the proceedings until the assessments for benefits came to be made. At that time various persons appeared before the board and filed objections to the proposed assessments, among them being Lightner, the appellee herein, against whose land it was proposed to assess the sum of $3,327.48. Before the board of supervisors, Lightner filed objections, among which were the following, to the proposed assessment against each forty acres: “(b) That said assessment is excessive and not in proportion to the benefits said real estate will derive as compared with other real estate in said drainage district. . . . (d) That said assessment is inequitable.”
The board had a hearing upon these and other objections with the result that it made and confirmed the assessments in accord with the report of the commissioners, save as to an assessment against the land of one Bowers; his assessment being canceled and the total of the assessment made by the board was $15,318.21. From the order of the board on the objections filed by Lightner, he appealed to the district court. When the case reached that court he filed a motion to cancel the assessments for certain reasons, and his motion was sustained. Appeal was then taken to this court, and the ruling of the district court was reversed and the cause remanded for a new trial. See 145 Iowa, 96. When the case reached the district court after remand, the board of supervisors filed a motion to strike all the grounds of objection' filed by Lightner before the board for the reason that they were not sufficiently specific. This motion
The notice need not be addressed to the clerk of the district court by name. Bloom v. Traction Co., 148 Iowa, 452.
Service was accepted by Joseph Lampman, clerk of the district court of Greene county, Iowa, and the notice was filed by him. This was sufficient. See Bloom case, supra.
But as they are filed in the first instance before a board exercising quasi judicial functions, not as a rule versed, in the refinements of pleading, they need not be more specific than the ones here filed. It is enough if they fairly suggest the objections which the complainant has to the assessments against his property. Such objectors need not set forth the evidence upon which they intend to rely
We think the objections set out were sufficient to raise the questions which were in fact tried by the district court; that is to say, the amount of benefits received by each forty acres of plaintiff’s land, as compared with the assessment of benefits against other tracts in the district. Even if the last objection be held insufficient, it did nothing more than emphasize the first one and in no manner broadened the issue tendered by the prior one. There was no prejudicial error in the ruling on the motion to strike.
The real questions presented by the objections, and the only ones which may he considered on appeal, are these: (a) Was the apportionment equitable? (b) Did it exceed the benefits conferred ? In re Farley Dist., 140 Iowa, 339; In re Jenison, 145 Iowa, 215.
Ratio on basis of 100 points. Description, Parts of section. No. Acres Swamp-Wet-Low-High and drained. Assessment by Bd. Sprs. Assessment as now fixed by this court.
11.51 N. W. % N. E. % 5 35 f 325.65 $ 95.97
6.91 S. W. % N. E. Vi 3 37 287.47 57.58
11.18 N. E. % N. W. 4 2 34 421.10 93.22
16.44 N. W. % N. W. % 5 1 30 483.92 137.10
4.6 S. E. % N. W. % 2 38 417.59 38.39
The facts so far recited are practically conceded; but appellants contend that the trial court erroneously reduced the assessments, as shown, for “the reason that no competent testimony was adduced to justify the same. This is a mistake, we think, and without pointing out the admissible testimony bearing upon the issues presented, it is enough to say that Lightner did introduce testimony which would justify a reduction of the assessments made against his property, and in fact produced about all the testimony which could be produced on such an issue. The amount of the assessment against all the other lands within The district was before the court, and the nature and character of these lands were described. Lightner produced testimony as to the effect of the New drainage system upon each forty and had competent engineer's not only go over' the ground, but made assessments based upon the statutory method.
The trial court adopted the assessments recommended by these experts, and about the only question we can consider under this record is whether or not the trial court was in error in doing this rather than confirming the assessments made by the board upon the report of its commissioners appointed for that purpose. Appellants say that
As usual, the testimony is not wholly satisfactory, and at best these assessments can be nothing better than an approximation. As' to the two forty-acre tracts in question, we have carefully considered the testimony with reference thereto. Lightner’s buildings and improvements are and have been for many years upon the N. E. % of the N. W. % of section 13, and we are satisfied after a careful perusal of the record that the trial court did not err in reducing the assessment on this forty as shown.
We have done the best we can with the record before ns to arrive at a proper conclusion, and reach the result above indicated after a most careful consideration of the testimony. It follows that the order of the trial court should- be modified as to the assessment against the N. W. ^4 of the N. W. % of section 13, making it $275 instead of $137.10. Otherwise it will be confirmed. Appellee will pay one-fourth of the costs of the appeal and appellants three-fourths. — Modified and affirmed.
SUPPLEMENTAL OPINION.
In writing the opinion filed herein, the matter of interest on the assessments which was referred to briefly in the arguments filed for appellant, was overlooked and in a petition for rehearing the matter is again brought to our attention.
The trial court in its decree in effect refused -to allow interest on any of the assessments, although confirming some of them, but decreed that the assessments fixed or approved by it should be placed on the tax books, and unless paid by
The petition for rehearing will otherwise be, — Overruled.