In re Reassessment of Benefits from Changing Grade, Paving, & Improving Robert & other Streets
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In re Reassessment of Benefits from Changing Grade, Paving, & Improving Robert & other Streets
Opinion of the Court
Appeal from a judgment confirming a reassessment of local improvement benefits against real estate belonging to appellant, the Sherburne Company. The proceeding has been here before. 164 Minn. 31, 204 N. W. 558. The property now in question is the block on the north side of University avenue in St. Paul between Capitol boulevard on the west and Cedar street on the east. It is the “Old Merriam Homestead” just north of the Capitol. The improvement not only widened University avenue along the entire south side of the property, but also lowered its grade on a regular incline from
Appellant, claiming damages for the grade reduction, sought to recover in an action at law, but verdict and judgment were for the city. That judgment bars any further demand for damages. We cannot see, however, that it interferes with the claim that benefits, if any, are offset by damages. The judgment in appellant’s action for damages prevents an affirmative recovery against the city. The issue nowr is whether, through the confirmation of the assessment under review, the city may have an affirmative recovery against appellant.
The. one question is whether there is evidence sustaining the finding that appellant’s property was benefited in the sum of $728.22. There had been a prior assessment for a larger amount. It failed the test of court review, and the matter went back for reassessment. The city council made a reassessment of $1,456.44. That being again challenged when the city applied for a judgment, confirming the assessments, the judgment now under review reduced it to $728.22. The claim for appellant is that there is no evidence to sustain that conclusion nor any assessment of benefits.
In that we cannot agree. To start with, the assessment itself must be given the benefit of the usual presumption attending an official determination of that kind. In addition, there is the testimony of a well qualified witness for the city, which, summarized, is that the benefit to appellant’s property wras considered to consist
The proof for appellant is strong, but it consists of the opinions of realtors, the weight of which, notwithstanding its persuasiveness, was for the trial judge. We cannot say that he was in error in giving the evidence for the city controlling effect.
Judgment affirmed.
Reference
- Full Case Name
- IN RE REASSESSMENT OF BENEFITS FROM CHANGING GRADE, PAVING, AND IMPROVING ROBERT AND OTHER STREETS, ST. PAUL
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- 1 case
- Status
- Published