The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-07-09
COURT SAYS BOARD
CAN ASSESS AGAIN
Judge Brill Decides Payne
Avenue Assessment Case
in Favor of City

1t is time and money. wasted for
| property owners to object to any as
sessment made by the ST. Paul board
of public works for street improve
ments, provided the benefits charged
against each lot have been equitably
| distributed. No matter what irregu-
larities can be proved in the awarding
of the contract for the work, no matter
how much the charter has been VIC.
lated In making the improvement, OBJ
| jections are futile. If the first assess :
ment is set aside, the board of public
works has only to declare a reassess-
ment, and, according to the city char
ter, that reassessment goes"
Such was the opinion filed yesterday
by Judge Brill, of the district court,
in the matter of the application of the
treasurer of the city of ST. Paul for
| judgment against certain lots of land
for the reassessment for paving Payne
avenue, from Beaumont street to the
| north line of Lawson street with as
phalt and from the north line of Law
| son street to the south line of Jessa-
mine street with Kettle river sand
| stone.
What the Court Says
| "The charter points out with par
| which the council and the board. of
| public works must take in such pro-
| ceedings. But the charter also pro-
| vldes that where an assessment has
| been set aside, there may be another
assessment, Notwithstanding defects or
| irregularities, so that each parcel of
land shall pay it's proportionate share
OF the cost and expense of the i'm
| provement, and no error or omission
or irregularity, jurisdictional or other
wise, shall prevent reaSSesSment to
the extent of the benefits conferred by
| such improvement.
| 1T, seems strange. that, after care
fully specifying the steps to be taken
| in the first instance, the charter should
| finally dispense with them all. But
| that the legislature or charter trainers
had the power to authorize a reaSsess-
| ment on this basis is not disputed and
cannot be. The supreme court, many
years ago, settled the question, if any
! there was, in the city of st. Paul VS..
| Mullen, and that decision has been
acted upon in many instances since.
am unable to discover why that case
| is not decisive of the questions raised
| here.
| Il am of the opinion that under sec
| lions 81 and, So, where an assessment
! has been oannulled, the board of public
| works has the power to assess the costs
and expenses of making the improve
| ment upon the property benefited to
| the extent of its preportionate benefit,
without regard to. whether the prior
provisions Of the charter have been
| observed or not.
Can Assess Property Off the Street
"The contention that the property
| not fronting on the pavement cannot
be assessed for paving has been settled
! in this court adversely to the claim Of
the DIRECTORS"
Some years ago the court set aside
| the assessment for paving West Sixth
| street on the ground that the assess
ment had not been extended to prop
| erty off the line of the street, and aft
| erwards the court sustained a reas-
| sessment, or ANEW assessment, upon
property not fronting upon the i'm
provement.
Judge Brill orders, accordingly that
| the objections filed to the assessment
and to the application for judgment be
overruled, and that Judgment be en-
| tered as asked for by the city treas
| urer."
A similar order ON practically the
| same grounds was entered by Judge
| Brill sin the matter of the application
| of the city treasurer Of the city of ST.
| Paul for Judgment against certain real
| estate for the reassessment for con-
| Structing, relaying or repairing cement
| sidewalks estimate No. a., under con-
! tract of L. G. Washington during the
! season Of 1902"
Saves City $4,000
! 1t is estimated by the members of the
| board of publicsMorks that the decision
| will save the city at least $780,
| 600 and obviate endless trouble in as
| SeSsment cases in the future.
THE great point is that by making
| a reassessment the board of public
| works can cure defects in former as
| sessments,' said Assistant Corporation
| Attorney O'Reilly, who had charge Of
the case while it was pending in the
| courts. "This means that no matter
| what the irregularity in the assess
ment for the West Seventh street paw
! Ing, the board can proceed to make a
reassessment and the property owners
will be compelled to pay.
| 1T is such a sweeping victory for
| the city that every person who has had
| connection with these assessment cases
| IS naturally pleased with the outcome.
| In effect, the decision means that in
| the case of a reassessment the only
point on which the property owners
can go into court, is ON the charge that
their assessment is not individually
l u
! property owners We're not accorded the
required hearing after the contract has
been let and before it has been exc
| cuted, Will avail nothing but delay.
| property owners must pay for the i'm
| provements, and If one assessment
should be knocked out the board can
| proceed to make another
Look fer an Appeal
The saving to the city directly is
| comparatively small, although if the
! decision had been contrary TO what it
/ was, it would have been necessary to
have raised by general taxation about
| $4,000 to pay the balance due on the
| West Seventh street, the Payne ave-
nue., the South Robert, the South Wa
baSha, the Decatur street and the
Chestnut street paving. If the case
had gone against the city an appeal
| would have been taken to the supreme
court, and We expect that the Payne av--
enue people will appeal. The decision of
! Judge Brill seems to be so we'll found
ed, however, that have no doubt that
| 1t will be sustained"
| The members of the board of public
works at once. proceeded to make the
reassessment on West Seventh street.
! deciding that the same district will be
taken that was used in the assessment
| that was recently declared void.
Atmosphere Is Cleared