Cedar Rapids & Marion City Railway Co. v. Redmond
Cedar Rapids & Marion City Railway Co. v. Redmond
Opinion of the Court
In the year 1900 the assessor of the city of Cedar Rapids, which is a city under special charter,.
It is evident that by' these provisions of the ordinance-a procedure similar to that provided for by statute in the-case of cities not acting under special charter is contemplated. See Code, sections 1370-1372. The general notice-of the assessment and levy is sufficient to give property owners an opportunity to appear before the board of' equalization and make complaint as to the correctness of the returns made by the assessor. But, if the board of
Counsel for appellant contend that plaintiff had actual notice of the purpose to increase the assessed valuation of its property such as to render the posting of notice unnecessary, and in support of this contention they rely upon certain proceedings before a so-called “advisory committee” provided for by the ordinances of the city, which is to be appointed during the month of April of each year by the council, and to consist of three persons, not members of such council. This committee is required to meet after the publication of notice of assessment.and “examine the assessment of all real and personal property, and report to the Council such changes, additions, ^ad corrections as will, in their judgment, make the assessment fair, just and equitable to all property owners, and such report shall be'merely advisory to the city coun
On September 14, 1900; the plaintiff, by its president, presented a communication to the city council, sitting as a board of equalization, in which it is set forth that the assessment entered against plaintiff on the assessment roll on “lots four (4) and five (5) in fractional block one (1), and lots three (3), four (4), and five (5) in block nineteen (19) (less railway),” at the actual value of forty-eight thousand dollars ($48,000), is erroneous, • and does not correspond with the assessment as actually made by the assessor, which specifically includes as a part of the real estate “nine .and thirty-one hundredths miles street car line track and overhead line, less railway,” and that the words “less railway,” inserted by the assessor in pencil, did not indicate an exception from the assessment of the s treet car line, "track,, and overhead line, but an exception
On this showing the plaintiff asked in this application that its assessment be corrected on the assessment roll so as to show that the assessment of real property, as returned by the assessor, included plaintiff’s street car line, track, and overhead line, and excluded the Chicago & Northwestern Railway Company’s right of way. The city council changed the assessment roll so as to show the inclusion of the street car line, track, and overhead line, but raised the assessment of plaintiff’s property,, as already stated. The claim of counsel that this action of plaintiff obviated the necessity for posting of notice of a purpose to increase its assessment is not well founded. The action of the committee was advisory only, and the council could determine as it saw fit whether to act thereon or not. Plaintiff’s communication indicated reasons to the council why the recommendation was erroneous, and the result of a misunderstanding of the assessment, and the plaintiff had a right to assume that if the council, in view of the recommendation of the committee and the explanatory communications of its president and the city assessor, proposed to raise the plaintiff’s assessment, the posted notice of such purpose would be given, as required by the ordinance. The action of the advisory committee in recommending the raising of the assessment was not equivalent to nor a substitute for a determination by the city council to increase such assessment, of which determination the plaintiff had a right to have notice. The council acted without authority in increasing the assessment without such notice, and the trial court should have held the increased assessment to be valid. — Reversed.
Reference
- Full Case Name
- Cedar Rapids & Marion City Railway Company v. John M. Redmond, Mayor of the City of Cedar Rapids, Iowa
- Status
- Published