The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-05-08

commission and a complete list Of
both the benefits and the assessments
to be made.
3. If, in seeking to levy an assess
ment under section 2301, r. c., 1905,
the commission neglects to inspect the
land and to make or u to be made
a complete. list of both the benefits
and the assessments, or in computing
such assessment adopts a method
which is u~nwarrantcd by the statue,
the assessment is void and property
owners will not be prccluded from
bringing an action in a court of equity
to enjOin the collection of the same
by the mere fact that they did not
appear before the board of commits
such assessment.
4. Objections to an assessment
which seek to correct errors in judg-
ment and mistakes as to the real
amount the property is benefited, must
be urged before the commissioners and
the city council, and if not so urged,
cannot afterwards be relied upon in a
subsequent suit in equity to restrain
the collection Of such assessment. This
Is not true. however, Of objections
which involve the legality of the pro-
ceedings and raise the question that
the method pursued was contrary to
that provided by the statute.
8. A complaint which alleges that
such special assessment commission
| in attempting to determine the actual
benefits to accrue to the lots and
parcels Of land in said pretended
assessment district by the construc-
ton of said sewer, acted arbitrarily
and unlawfully and by an inaexible
rule, and totally failed and neglected
to exercise n discretion; that it did
so determine said benefits, if any
there were, at the time nor in the
manner prescribed by law, but first
determining arbitrarily how much the
cost of said sewer and Of said trunk
line should be borne by each of the
lots in said district; and having SO
determined the amount to assess
against each lot and parcel Of land
arbitrarily and illegally as aforesaid,
and basing the estimate of benefits
upon the cost of h sewer and the
proportion thereof assessed to each
lot n parcel of land determined thai
each lot or parcel Of land in said dis
trict was benefited so per cent more
than the proportion Of cost sc
assessed; and this though many of the
lots and parcels Of land in said sewer
district were not benefited at all By
said sewer some were benefited
more than others, and some were sc
situated that said sewer could no
serve Them shows and alleges {
method of procedure on the part o.
the. commissioners which is not war,
ranted by section 1901. r. O., 1905, ant
it is illegal.
6. An ordinance which creates +;
sewer district is not invalid because i
contains a clause to the effect tina
: said district is created for all purpos
es of loca improvement within til,
boundaries thereof, contemplated b,
the provisions Of the laws of Nortl
: Dakota, as laid down in article Is
. chapter 80, Ct the political code o
9 1905. Even If such clause can not b
; construed as relating to sewer purpos
: es, merely, it may be stricken from tn
|. ordinance as surplusage, and if TIL
said ordinance is otherwise complet
and connected in subject matter, th
able after s;lch exclusion.
t T.. Where an ordinance creating
sewer district contains a. provisioI