The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-09-28
Decisions of Supreme Court


Alfred M. Kvello ct al, plaintins
and appellants, VS.. city of Lisbon ct
al, defendants and respondents.
Syllabus:
city council which is based upon and
| refers fntelligently to the plans, spe-
cifications and estimates is a prerequi-
site to the levying of special assess
ment for the erection of a standpipe
under the provisions of article 20 OF
chapter 80 of the compiled laws of
1913. Such requirement is held to be
mandatory, and not to have been COM
piled with in the case at bar.
2. The provisions of section 3726
of the compiled laws of 1918, which
require a personal inspection of the
lots sought to be assessed for a local
improvement and determination
from such inspection of the amount
to which they will be benefited, are
mandatory and are held not to have
been complied with in the case at bar.
3. Where a contract is let for the
erection of a standpipe, and special
assessment levied therefor without a
preliminary creation OF waterworks
district, or a preliminary finding of
necessity by the city council, the SUI
preme court has no power under the
provisions of sections 3714 and 37l5,
compiled laws of 1918, alone to re-
reassessment.
1. Where a contract is let for the
erection of a standpipe, and special
assessment levied therefor without
preliminary creation of a water
works district. or a preliminary find
ing of necessity by the city council, a
reassessment can be made under the
provisions of section 37l3, compiled
laws, of 1913, and in such case the
municipality is given power by the
statute to go back and pick up the
thread of its proceedings where 1t has
been broken of, to establish q water
works district, to pass a resolution of
necessity-if they, in fact, find the
Improvement to be necessary-pub-
lish such a resolution, allow the statu-
tory period for hearing objections,
make the proper orders IL objections
are not made or are overruled, and
proceed to the ultimate end Of the
collection of the assessment, and this
although the Improvement may alrea-
dy have been complete.
s. One of several lot owners may
sue on behalf of all others similarly
situated to enjoin the collection of an
illegal special assessment. Where,
however. the other lot owners are not
specifically made parties plaintiff and
have not personally joined in the &C
ton, but nave merely stood by and
allowed the action to be thought for
all others similarly Situated and their
names and lots and property to be
mentioned in the body OF the COM
plant and the relief prayed to be
nominal plaintiffs, before they can be
benefited by the judgment, they should
come in in some way and claim there
under and accept the same, and the
decree in such case should be that
the cause is remanded with directions
to enter judgment for the nominal
plaintiff as prayed for in the com
plant, and also for such of the other
parties whose names and property are
mentioned in the said complaint and
who shall make application to the
court to come under the judgment and
who shall prove themselves entitled
thereto.
Appeal to set aside a special assess
ment.
Appeal from the district court of
Ransom county; Hon. Frank p. Al
len, j.
Judgment for defendants. Plaintiffs
appeal
Reversed.
Opinion OF the court by Bruce, Oh. J.
Christianson, J., dissents.