Gallman v. Board of County Commissioners
Gallman v. Board of County Commissioners
Opinion of the Court
All parties in the present case agree that there is only one question presented to us for our decision, i. e., is an appeal from the action of a board of county commissioners, to proceed with an improvement to construct a water supply system, by the owners of a substantial portion of the property to
As stated, it is conceded that no notice in writing of an intention to appeal, as provided in Section 6602-3c, was given.
In the majority opinion of the Court of Appeals, it is proclaimed that the provisions of Sections 6602-35 and 6602-3c are so inconsistent and lead to such absurd results that in order to reconcile them the court must substitute the word, “after,” for the word, “before,” in Section 6602-3c, and only by so doing can the provisions be made consistent or reasonable.
We agree that in the process of judicial interpretation of statutes a court must, if possible, so construe them that absurd and ridiculous results are avoided, and frequently the word, “may,” is interpreted to mean “shall” and vice versa. Assuredly, however, a court must diligently seek for a reasonable construction of a statute before it substitutes the word, “after,” for the word, “before.” We are of the opinion that the statutes involved in the present case can be reconciled without any such substitution.
The only three matters as to which the action of the board may be reviewed on appeal are the necessity of the improvement, including the question whether the cost of the improvement will exceed its benefits, the boundaries of the assessment district, and' the tentative apportionment of the assessment.
Under Section 6602-18, the resolution of. necessity passed by the board must include all three matters.
Section 6602-19 gives the board authority to amend the plans for the improvement in the resolution to proceed, in reference to the three matters concerning which an appeal may be taken.
The foregoing provisions throw some light as to the reason the General Assembly provided not only that an appeal must be instituted within 10 days after the passage of the resolution to proceed with the improvement but also that a written notice of intention to appeal must be filed on or before the date of the passage of such resolution.'
After receiving the objections and endorsements of the property owners affected by the improvement, as outlined in the resolution of necessity, if notices of intention to appeal are filed with the board before the passage of the resolution to proceed, it is quite conceivable that in such resolution the plans as outlined in the resolution of necessity will be so amended as to conform with the ideas of the proposed appellants or that the board will be induced not to proceed at all. At any rate, the General Assembly has provided that in order for an appeal to be perfected within 10 days after the passage of the resolution to proceed with the improvement, there must be filed, on or before the date of the passage of the improvement resolution, a written notice of an intention to appeal.
Since the General Assembly has provided the me
Since it is conceded that the owners in the present case did not file a written notice of intention to appeal from the action of the board, on or before the date of the passage of the resolution to proceed with the improvement, and since the filing of such notice of intention is a necessary part of the mechanics of effecting an appeal, it follows that the judgment of the Court of Appeals must be reversed and that of the Probate Court affirmed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.