The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-05-20
County Treasurer Is Enjoined
From Selling Property of D.
Gaastra for Paving Taxes
UNUSUAL CHARGES ARE MADE
Gaastra in Suit Against City and
County Questions Legality of All
Street Work Done Under the
Direction of the Council

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County Treasurer Frank A. Marx
was enjoined Tuesday from sell
ing the property ow Douwe Gaastra, a
well known contractor Of the city, on
account of the fact that the taxes
levied against the property, which is
on Crate street, for the paving of the
street, were not paid and the injunc-
ton is the opening gun in one of the
biggest legal fights ever started in Ke-
nosha and one which threatens to call
into question every action of the Com
mon Council in the levying of special
assessments since the year 1895.
The injunction in the case was issued
by Judge Slosson in the County. Court
late Monday evening, but it was not
served on the county treasurer until a
few minutes before the annual sale of
tax certificates opened this morning. It
came as a complete surprise. The
treasurer was powerless to act in the
matter and pending the further order
of the court the property was not sold.
In connection with the injunction the
plaintiff by his Attorney, Henry j.
Hastings, has filed an action in the
Circuit Court in which the county of
Kenosha, F. A. Marx, county treasurer,
the City Of Kenosha, George w. Har-
rington, city clerk, and John 0. Jones
are named as defendants. In this ac-
ton Gaastra demands that the court
issue a perpetual injunction against
the city and county to prevent any
further efforts to collect the taxes
levied against the property in question
on account of the paving assessments
levied by the Common Council.
The complaint in the case covers
many typewriter pages and it goes in
to the history of the paving of Crate
street at great length and enumerates
the objections which the plaintiff in
the action makes to the pavement Of
the street as performed by John 0.
Jones and accepted by the Common
Council.
The complaint not only questions the
levying of this assessment, but ques-
lions the validity Of the action of the
city in the adoption of parts of the
General Charter Law many years ago.
It alleges that at the time the assess
ment was made for the Crate street
work the action Of the Council was null
and void on account of the fact that
men not at the time electors in the
wards they were supposed to represent
sat on the Council, that men sat as al
dermen on the Council who at the time
were rot free holders either in the city
Of Kenosha or in the county Of Keno
the street assessment committee which
recommended the levy of these assess
er in the city and county. The COM
plant further assails the contract made
it was not properly let. It asserts that
the preliminary advertisement Of the
work was not properly made, that the
property owners liable to assessment
for the work were not given chance
to be heard and that the contract was
mot let to the lowest responsible bid
der. 1t alleges that there were many
city and the contractor was violated
and that this fact was known to mem
bers of the Council at the time the
work was accepted and the levy of the
special assessments ordered.
The complaint and action is import
ant on account of the fact that it
strikes at the very root Of every special
assessment for public Improvement
made in Kenosha in the past ten years
and should the Gaastra complaint be
upheld it would open the way for humid
reds Of suits against the city, not only
for assessments still to be paid, but
for the rebate of those which have
been paid by the property owners.
The fling Of the suit was not unex-
pected by the attorney for the city and
it is probable that he Will be ready
to meet the issues and defend the ac-
tioHs of the Council. The summons in
the action is returnable in twenty days
and any further effort to sell the
Gaastra property for taxes will be held
in obeyance The tax charged against
Gaastra for the improvement was over
no