Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-05-13
Attorneys for. Defendant and Appel
From Grand Forks County.

FROM 0Tano forks NounIy.
The Robertson Lumber Company, a
corporation, Plaintiff and Appellant,
v. The City of Grand Forks ct al.
Defendants and Respondents.
% Where the statute requires
special assessments for improvements
to be levied in proportion to the ben
efits conferred but there is no provi'
sion as. to the manner in which the
benefits shall be measured or ascer-
tanned an assessment according to
the area is not necessarily invalid,
provided that after a proper inspec-
ton it is found that the increased
value or benefit is in proportion to
that area. The area method, however,
should be adopted as a means of ar
irving at the benefits and not as the
sole criterion thereof.
CD Section 2S01, r. C. 1905, re-
Quires special assessments to be lev
led in proportion to the benefits con
ferred. The finding that a certain
number of connections with a sewer
is not a finding of the extent to
which each lot or area in a given
district will be benefited by the i'm
provement. .
Levying Assessment.
90 Section 1901, R. C. 1905, re-
quires as a prerequisite to the levy
ing Of an assessment that the commits
sioners shall personally inspect the
property to be assessed and shall not
only determine the amount in which
each lot or parcel of land which Is
sought to be assessed will be espec-
tally benefited but shall make a COM
plete list of such benefits. Unless
these things are first done the COM
mission has no power or authority to
levy an assessment nor has the city
council the power to confirm the
same. On the hearing before the
board of commissioners and the city
council, provided for by Section 1902
and 1903, R. C. 1905, such boards
have the power to review and cor
rect errors in judgment and in compu
tation merely. They have no power to
act and their findings are not conclu-
sive in cases where specific findings
of the benefits and have adopted a
method of procedure which is un-
warranted by the statutes.
az An objection that an assess
ment has been made in a manner
which is not warranted by the stat
utes is not waived by tie failure to
urge it before the commissioners or
the city council, but may be relied
upon and urged in a subsequent suit
in equity to restrain the collection of
the tax.
Council Sole Judge.
90 Generally speaking a city coun
Gil is the sole judge of the necessity
of sewers and of the efficiency, dur
ability and adaptability of those al
ready in existence. Its judgment, how.
ever, is not conclusive in a case
where a sewer is in reasonably good
repair and is adequate to carry of
the sewage and drainage, both pres.
ent and prospective, in the district
in which it was originally construct
ed, and the construction of a new
sewer is only necessary because OF
the needs of outlying districts. vars
(6) The commission Of property
within an assessment district from
the assessment cannot be urged
against the validity of the proceed.
ings by one whose assessment is not
increased by reason of such omis
sion. e
90 Where, after the passage of an
ordinance authorizing the construc-
ton of a sewer, but by accident or
mistake the ordinance as passed in.
creases instead or reduces the area,
but plats and maps are filed with the
city auditor properly describing the
course of said sewer and said district
and the contract for the construction
of the sewer is let in conformity