185 Iowa 1032 | Iowa | 1918
The specific objections filed by the appellant to the assessment are reducible to two:
(1) That the assessments were wholly invalid and void, because the contract therefor was not let to the lowest bidder.
(2) That the assessments are excessive, in that they exceed the special benefits conferred on the assessed property, and in that they exceed 25 per cent of the value thereof at the time of the levying.
The North View Land Company is the owner of a large number of lots, comprising the “North View Addition.” Its enterprise consisted in platting certain territory into town lots and streets, and in improving the streets to some extent, with the view of rendering its property habitable and salable for residence property. The sewer in’ question was constructed through its property, and therefore abutted upon many of its town lots.
In the present case, there is also an element of estoppel, which will be noted in the next paragraph hereof. We think the trial court properly held that the illegality of this contract was severable, and the extent thereof ascertainable; and that it properly enforced the contract in its purged form.
“The company will approve of the construction of such sewer, and consent to the usual statutory and legal assessment thereof.”
We think this letter should be deemed as in the nature of an admission by the appellant that it deemed the fair cost of such a sewer as not in excess of its special benefits to the addition; and that it should be quite estopped from taking a different attitude now. True, such former attitude would not estop the appellant from attacking the assessment of a particular lot as being excessive. But the attack made by the appellant is consistent in its application to all the lots, and if sustained, would reduce the assessment far
What we have here already said is also quite decisive of the contention that the assessment exceeded 25 per cent of the value of the lots. This claim is not confined to a particular lot or lots, but is directed with quite equal force to all the lots. Of course, the question of the value of lots in a new addition is more or less speculative and tentative. Its ultimate answer is in the success or want of success of the enterprise. It is not claimed that this enterprise has proven a failure. It is still a going concern. The testimony of the witnesses on behalf of the appellant is not at all consistent with the attitude of the appellant in its original encouragement to the enterprise. Its weight is, therefore, greatly diminished by this inconsistency. We reach the conclusion that the district court extended to the appellant all the relief to which it was entitled. Its decree is, therefore, — Affirmed.