27 Minn. 442 | Minn. | 1881
With reference to assessments for grading streets, the charter of St. Paul (Sp. Laws 1874, c. 1, § 25, p. 62, as amended by Sp. Laws 1875, c. 1,) provides that, before proceeding to make an assessment, the board of public works shall give notice of the time and place of their meeting for the purpose of making the same, “ in which notice they shall specify what such assessment is to be for, and the amount to be assessed, ” and that all per
The charter provisions relating to such local improvements as the grading of streets show that, before any proceedings are had for making or confirming assessments, the questions of the propriety and necessity of the improvement, and whether there is property the benefits to which will' equal the expense of making it, have already been passed upon and determined by the common council and board of public works. This determination includes, of course, a determination that an assessment is necessary and proper. The improvement having thereupon been ordered to be made, and the contract let, as by the charter provided, the questions next to be considered are, what parcels of property are benefited,'and what is the benefit to each parcel proportionate to the expenses of the improvements? With reference to these questions two opportunities are afforded all interested parties to be heard before the board of public works. The theory of the charter appears to be-that at the first hearing the board may properly hear suggestions, arguments, and, in their discretion, evidence, as to what area and what parcels of land are specially benefited by the improvement, and which should therefore be assessed, and as to the proportionate amounts to be assessed upon the different parcels benefited. After this hearing the assessment is completed, •as the charter says, — that is to say, it is made out. Then follows a second hearing of objections to the assessment, and •for its confirmation. At this hearing all parties interested ¡are entitled to be heard upon the question of the propriety
We use the phrase “proper objection” advisedly; for we are not to be understood as holding that any objection which a person interested sees fit to urge as a reason- why the assessment should not have been confirmed, will be considered by the district court. It would be unwise in the extreme for us to undertake in advance to enumerate in detail all the obj ections which would or would not be proper obj ection s. But we may go so far as to say that an obj ection that the assessment
The questions, what property is benefited by the improvement ? and how much ? are questions of opinion upon the facts as they appear. They are therefore questions, the decision of which cannot be regulated by any quasi mathematical rules of law. They must be left to the judgment of men. The charter has committed them to the board of public works, and their judgment is final and conclusive, and cannot be reviewed by the district court or any other tribunal, unless shown to be fraudulent in fact, or unless it is made up upon a demonstrable mistake of fact. We say a demonstrable mistake of fact, meaning by this expression a mistake of fact as to the existence of which there is no room for doubt. An instance of such mistake would be this: Suppose that on each side of a street, graded under the charter provisions which we are considering, there were five blocks' in every respect alike, except in location. The assessment of four on each side, leaving the middle block on each side unassessed, if -it were not a case of fraud, would be an instance of demonstrable mistake of fact. The failure to-assess the middle blocks could not be accounted for on any other basis. We will not pursue this subject further.
In the case at bar, the complaint of the relators is confined to the assessment. As before stated, we are of opinion that any objection which can properly be made to the assessment can be made upon the hearing of the application for judgment in the district court/ If this is so, the exclusive remedy of the relators is upon such hearing in the district court, with
The writ herein issued is accordingly quashed.