Haitz v. Joint Boards of Supervisors
Haitz v. Joint Boards of Supervisors
Opinion of the Court
As to the appeal from the assessment of benefits, there is also a failure of proof. The objections to the assessment were:
1. That his said lands will not be benefited in any manner, or receive any benefits by the making of said proposed improvement, and the said improvement or ditch will not afford any outlet for the drainage of any portion of his lands, nor bring any outlet nearer to his lands or relieve the same from overflow.
2. That none of his said lands would be benefited as compared with the benefits to other lands in said district.
3. That his said lands were included in drainage district No. 1 of Woodbury and Monona counties, Iowa, and there was assessed against the same'a heavy tax for said improvement, and these commissioners acted illegally in not taking .into consideration the value of such other improvement in district No. 1 in classifying and fixing the benefits against objector’s lands, and did not give him any credit by reason thereof.
Plaintiff’s testimony might have been competent on the issue as to the establishment of the district, and the proper boundaries thereof; but it was not competent on the question of the amount of his assessment after the completion of the district. No reason appears for disturbing the orders of the trial court, and they must therefore be, and they are— Affirmed.
Reference
- Full Case Name
- Frederick Haitz v. The Joint Boards of Supervisors of Woodbury and Monona Counties, and Drainage District No. 2 of Woodbury and Monona Counties
- Status
- Published