Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1913-07-17

as to these descriptions was estopp-
ed from contesting the assessment
on the entire proceeding; the right,
that is, the jurisdiction, to make any
assessment whatever upon the plain
tiffs property, or upon any Of the pro
/ peTty similarly situated, whether the
same was specially benefited or not;
and the plaintiffs are not estopped
| to raise these questions in view of
the situation disclosed by the test
mony.
It is held that the City, having
proceeded in this mater under the
| provisions Of sub chapter II of the
General City Charter Law, is bound
! by the provisions of section 925-167
as the same is found in the Wiscon-
sin Statutes OF 1898 and the Statutes
of 1911; that no construction of these
statutes is necessary; that they are
plain and obvious in their reading an.
meaning; that the only property VIII {
the City had a right to assess for
benefits is the lands of owners of
property condemned, and which are
in the vicinity Of the property con-
demned, as provided for in the sec
tion last mentioned That the cor
| rect reading of the section is that the
-
pOsite each description OF the land
condemned, in separate columns, the
damages sustained by the owner by
reason Of the taking of the land; the
damages if any to the adjoining pro-
perty of the same owner; the total
damages; and in cases wherein ben
efits may be assessed, the benefits
which will in their judgmnet accrue.
to his lands in the vicinity of the cor
demned lands by reason of the con
demnatiCn in question; and that no
other assessments for benefits can
be made
The assessment, therefore, of the
plaintiffs land was without right 6n
the part of the City; it had no juris-
diction to assess them, and the ass
.essments are wholly and absolutely
void. This renders immaterial other
objects made by the plaintiff to the
assessments; but if it were material
it would be held-and l am convinced
that such is the fact-that if the City
did have the right to proceed to as
sass for benefits all property within
the 1000 ft. circle, it had no right
arbitrarily to assess a portion of the
descriptions OF the Consolidated Wa
ter Power property which came with
IN the 1 900 ft circle and cut out
other portions.
l should also be inclined to hold,
if it were material and necessary to
the decision, that the assessment of
twothirds of the cost of the widening
of Oak Street to all the property with,
IN tie 500 e. circle Q the ratio of
IA per cent (exoept the Is descrip-
tions) and all property within the
l, 900 fit. circle at 6 per cent in the
manner in which, according to the
uncontradicted evidence in the case,
the assessment was levied, was an
arbitrary assessment.
All the defendants motions made
after verdict, except only the one al
lowing it to amend it's pleading, are
denied.
1t is held that the verdict of the
jury is sustained by the evidence.
The verdict will therefore not be set
aside
The plaintiffs are entitled to judg-
ment for the reasons hereinbefore
stated, upon the verdict mad upon
the undisputed evidence in said
cause.
BY the Court.
Byron B. Park,
Circuit Judge.
Dated, Stevens Point, Wis, July
u, 1918.