The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-25
GIVEN A BODY BLOW
JUDGE WILLIS ORDERS A STAY IN
PHALEN PARK ASSESS
MENT
PROJECT HAS BEEN HELD UP.
ACTION OF THE BOARD OF PUBLIC
WORKS NULLIFIED FOR THE
PRESENT.
CHARGES OF FRAUD ARE MADE
BY the Property Owners Seeking
the Injunction in the District
Court.

AS result OI regal proceedings III
stituted in the district court yesterday
the collection of the assessment for
Phalen park is likely to be delayed
for some time. Upon the application
of thirty or more owners of property
assessed for the proposed park, Judge
Willis granted an injunction restrain
ing the mayor, city comptroller, city
treasurer and all other branches Of the
city government from proceeding any
further in regard to the making and
collection of the assessment for Phalen
park. -...
The action is brought against the
city of st. Paul, Mayor Doran, Comp
troller McCardy, City Treasurer Horst,
the board of public works and the
board of park commissioners by the
following property owners:
A. Wharton, e. W. Winter, ]. w. S. Frost,
Charles E. Dickerman. Alexander Ramsey,
H. William CRUDE, B. Kuhl, n. E. Solomon,
R. P. Lewis, Robert Bryant, Angler Ames,
John Marty, Hugh Montgomery, William Gal
A. H. Bundle W. ]. Godfrey, Fisher Ames,
c. NJ. Taylor. Eliza J. Nails, r. R. Dunn,
Osgood and Blodgett, Christopher w. Horn,
Carl SToh, John A. Stees, Peter Laugan,
Otto Hechskomer, Charles H. Stevens and
John 3. Sanborn.
The assessment was confirmed by the
board OF public works Oh Aug. 3rd last,
three days after the Ousting of the
board by the city administration. The
assessment roll has since been prepared,
and will go to the city treasurer as soon
as the mayor has signed the warrant
authorizing the city treasurer to pro-
coed to collect the assessment. It is to
furestall such action that the restrain
ing order was asked for and obtained.
The complaint after the formal re-
citals, sets forth the following facts:
In the month of August, 1895, the park
board proceeded to establish a public
park on the west shore of Lake Phalen,
to be known as Phalen park. 1t or
dered tie board Of public works to as
certain and determine the amount OF
damages and compensation to be paid
to parties affected by the establishment
of said park and to assess the amount
of damages and expenses, less any
amount that might heretofore have
been appropriated and set apart for
park funds. against the real property
especially benefited by said park in
proportion to the benefits accruing to
the owners Of such property. The
board Of public works, proceeding I'M
der the foregoing order of the park
board, completed the assessment, gave
notice of confirmation, and finally con-
firmed the assessment Aug. 3, 1896.
The complaint here declares that the
assessment is required by law to be
confirmed within four months after the
receipt by the board of public works
of the order from the park board.
Continuing, the plaintiffs allege that
! in making the condemnation of the
lands, some 100 acres in extent, located
! within the limits Of the proposed Pha-
len park the board of public works
! fraudulently acted in collision with P.
! T. Kavanagh and other owners or rep
resentatives. of owners Of land so to be
! included in said park and condemned
said land for the purpose of paying
! Kavanagh and other OwEers Of said
| land, large, inordinate and exorbi-
! tant price for the same.
The plaintiffs further declare that
j the assessments made for the purposes
| Of Phalen Park are arbitrary, unequit-
! able and unjust and not made in pro-
portion to the benefits accruing to the
| property designated to be benefited
and for these reasons: THE proposed
/ park is located in a thinly settled
portion Of said city, and a consider
! able portion of the land around it has
never been plated into city lots and
| in all likelihood will not be for
generation or two to come, but is in
| the condition Of farm lands, and for a
| great number of years will continue to
be used for agricultural purposes
The board of public works, 1t is al
! I6SeO mas assessed SuCn farm lands as
if they were city property, plated
and used as city real estate generally
is used. Then follows a recital Of
instances showing alleged Unjust and
unequal assessments Of the lands OF
the various plaintiffs, certain unplatted
property suitable for nothing but farm
purposes so it is claimed, being as
sesseG by the lot at the rate Of 81 a
lot, six lots to the acre, while certain
plated property suitable for and in
tended as city property is assessed at
no larger a sum.
The plaintiffs declare that they al
ways objected to and never assented
to the establishment Of Phalen Park
and that no benefit can result to the
property thus assessed by reason Of
the proposed park ''in these unusually
hard times" They assert that all the
lands lying around the same are now
in the nature of parks and that no
necessity exists for such park in said
| locality.
In conclusion the plaintiffs ask for
an order restraining the mayor, city
comptroller and city treasurer from
| signing the warrant authorizing the
| collection of the assessment.
| Harold Harris is the attorney for
| the plaintiffs.