New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1915-02-24
Council | Adopts
Paving Schedule
NO LEGAL OBJECTIONS FILED
TO STREET ASSESSMENTS
AS REPORTED.

TWO CITIZENS ARGUE RATE
SHOULD HAVE BEEN MADE
ON VALUES.
Last Saturday Judge Olsen filed an
order with Clerk OF Court Carl Mander-
field which disposes of eight road ap-
peals which have been pending in the
District Court for the past year or more.
On May 23rd, 1913 the County Com
missioners made an order laying out
and establishing county road from the
village of Hanska due east for dis
lance Of 8 miles. The damages as
assessed by the County Board aggre-
gated the sum Of $2145. Considerable
opposition manifested itself to the es-
tablishment of this road and when
the County Board made its order
laying out this road, Gudman Ander-
son, Hans Ulen, Peter T. Ellanson,
Martin Sorbel, Toilet C. Strom, Ole
Nielsen, Robert Olsen and Anton O..
Ouren took seperate appeals from such
order. As the same questions were
involved in each of the cases, counsel
agreed to try them together and they
were heard before Judge Olsen January
25th. The decision reverses the order
of the Board laying out the road and
the road will not be laid out.
The cases were not decided on their
merits. The Court was not called
upon to decide whether this road
was public necessity and that the
amount of expense to be incurred in
building it was commensurate with the
benefits to be derived. therefrom. The
case went off on a technicility. It
appeared that not sufficient notice
had been given and for that reason
the Board of County Commissioners
had no jurisdiction to proceed and act
in the matter. When the petition
for this county road was filed, the law
provided that the damages for taking
the land for road purposes was to be
borne by the County. The expense
of constructing the road was to be
paid by the several towns, however.
Before the petition for this road was
presented to the County Commissioners
and was acted upon by them, the Dunn
law had gone into effect. This law
provides that the expense of construct
ing county roads shall be borne by
the County at large. The cost of con-
structing this proposed road is conser-
vatively estimated at $4,000. Under
the circumstances it may be just as
we'll that the road was knocked out.
The Poehler road appeal was also
decided by Judge Olsen last week.
The decision was rendered Thursday
in favor of the Town of CORTLAND and
affirming the order of the Town Board
in laying out the public cartway and as
sessing Poehler's damages at $4,000.
By consent of parties, this case, a
Nicollet County case, was tried before
Judge Olsen at Chambers January
26th, 1915. It was contended by the
appellant Herman Poehler that the
proposed public cartway was of no
public benefit, that the amount of damag
es assessed were insufficient and that
the Town Board had no jurisdiction
to proceed because of defect in the
notice. In preparing the copy of the
notice of hearing which was served on
Emil Hopp, the occupant of the Herman
Poehler farm, the syllable "fore' had
been omitted and Poehler's attorney
appeared specially at the hearing be-
fore the Town Board July %, 1914 and
moved dismissal of the road proceed
ings on the ground Of this defeat in
the notice. Judge Olsen holds this ser
vice sufficient as it does not appear
that any one was prejudiced thereby.
The Court further holds that the damages
allowed by the Town Board were ample
and sustained their order in every
particular. 1t is barely possible that
Mr.. Poehler will take an appeal to the
Supreme Court.