The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-02-16
Declare They Wanted Some
thing But Had Received
ID Something Else

A score Of Bismarck men and wom-
en- appeared before the city commits
sion Monday evening with q request
that they be allowed to buy back"
from the city an alley in their block,
which had been condemned upon
their petition.
The alley in question was one run
ming north and south between Ave-
nues A and B in the block between
Fifth and Sixth SITS.
The alley. according to the taxpay-
ers, had been there for more than 30
years but was not owned by the city
until 1880.
The residents requested that the al
ley be improved. but the city could
not improve the alley since it was
private property. So the residents
went ahead and improved it at their
own expense.
In the meantime the taxpayers pre-
sented a petition that the property
be condemned by the city SO that the
city could improve and maintain it.
The city Immediately began con-
domination proceedings and the prop
erty was condemned in district court
when the taxpayers failed to appear.
Payment Was Made
Payment of $1,875 to the property
owners in the block was ordered and
made. Then the special assessment
commission assessed the property
owners according to the benefit the
property owners received from the
alley.
The taxpayers failed to protest
against the assessment at either the
hearing on the matter before the spe-
cial assessment commission or the
hearing before the city commission,
and the report of the special assess
ment commission was adopted.
Upon receiving the notice of the
special assessments, the taxpayers de-
cided, according to one of the spokes-
men Monday evening, that they had
wanted something" and received
something else"-in short. they want
ed to buy back" the alley.
Upon learning that the alley had
been there for at least 20 years, City
Attorney c. L. Young told the taSpay-
ers that it may be possible to have
the condemnation proceedings set
aside
If Young finds this legally possible.
the residents must return the $1.875
they received for the condemnation.
They said they were willing to do this.
The commission approved motion
to abate the 1881 taxes on the Ger
man Baptist church parsonage prop
erty, on Eleventh st. between Ave-
nues G and B. amounting to 1924.
Since last April |. as property used
for religious purpose, the property
should have been tax-exempt.
Act to Close Alley
Acting upon a taxpayers petition,
proceedings to close an east-and-
west alley between Mandan and
Washington SITS. in the block be-
tween Avenues C and D. A hearing
will be held 80 days after publication
of the first notice in the proceedings.
Reports of the city weigher and po-
lice chief for January and of the po-
lice magistrate for November, Deem
Der, and January were received by the
commissioners.
The city weigher reported that he
had received S232.7O during the
month for weighing 1927 loads, which
were described as follows: Coal 2,201:
ice S; hay 81; cattle l. hogs II; corn
81; and miscellaneous Al.
The magistrate reported he had re-
ceived in fines $2695 in November,
1880 in December, and S24.70 in
January.
The commission tentatively decided
to hold special meeting after Young
has investigated the legal tangles in
volved in the effort to buy back" the
alley.