Bailey v. Bd. of Com'rs of Clinton Cnty.

• Decision Date: 06 February 1924
• Docket Number: No. 11737.,11737.
• Parties: BAILEY et al. v. BOARD OF COM'RS OF CLINTON COUNTY et al.
• Court: Indiana Appellate Court

142 N.E. 655

BAILEY et al.

v.BOARD OF COM'RS OF CLINTON COUNTY et al.

No. 11737.^*

Appellate Court of Indiana, Division No. 2.

Feb. 6, 1924.

Appeal from Circuit Court, Carroll County; Benj. F. Carr, Judge.

Action by W. E. Bailey and others against the Board of Commissioners of Clinton County and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

Combs & Laymon, of Frankfort, for appellants.

Thomas M. Ryan, of Frankfort, for appellees.

NICHOLS, J.

This is an action by appellants against appellees to enjoin appellees from issuing and selling gravel roads bonds for the construction of a gravel road. The only error assigned is the action of the court in overruling appellants' motion for a new trial, which presents that the finding of the court is not sustained by sufficient evidence, and that it is contrary to law.

The facts upon which the case was tried and determined under the issues were in substance as follows:

In January, 1920, Frank Gossard and others filed with the board of commissioners of Clinton county an amended petition for a free gravel road in Johnson township, Clinton county, Ind., under the township unit law. Upon said amended petition said road was ordered established, and on the 3d day of May, 1922, the board of commissioners of said county entered an order in which it was determined to issue bonds for its construction, together with other roads, said bonds aggregating $20,600. Notice of such determination was published in the Frankfort Morning Times, a daily newspaper published in said county, on May 6 and 13, and in the Crescent-News, a daily newspaper published in said county, on May 5 and May 12, 1922. It is agreed that said notices as to form were correct and sufficient. On May 29, 1922, appellants and more than 50 other resident taxpayers of said township filed objections to said bond issue with the auditor of Clinton county, and said objections were certified by said auditor to the Indiana state board of tax commissioners. On June 17, 1922, pursuant to proper notice by the Indiana state board of tax commissioners, a hearing was had by said board upon said objections to determine whether or not such bonds should be approved and issued. At said hearing appellees raised the question as to the time of filing said objections, and contended that appellants' objections were not filed within the time required by law, but the representatives present for said board ruled that said objections were filed within the time allowed, and heard the objections. After hearing all parties concerned, on June 26, 1922, the board entered an order that the bonds be not approved. Thereafter the board of commissioners of Clinton county, on August 12, 1922, entered another order in said cause in which it was determined to issue said bonds. On August 14 and 21, 1922, respectively, notice was again given by said commissioners by publication of such determination in the Crescent-News, a daily newspaper printed in said county, and by publication on the 15th and 22d days of August in the Frankfort Morning Times, a newspaper of general circulation in said county, and by due posting of said notices. It is agreed that the notices as to form were correct and proper. On September 2, 1922, appellants and more than 50 resident taxpayers of said township filed objections to said proposed bond issue with the auditor of Clinton county,which were certified by said auditor to the state tax board. Thereupon, after due notice, a day was set for hearing said objections, and said hearing was held on September 15, 1922. Appellants and other objectors appeared and objected to another hearing for the reason that the first hearing and order was final, but said tax board heard the parties, and thereupon entered another order that said bond issue be approved.

[1][2][3] Appellants contend that the decision of the state board of tax commissioners made ...