Mayne v. Bd. of Sup'rs of Pottawattamie Cnty., 39041.
| Decision Date | 24 June 1929 |
| Docket Number | No. 39041.,39041. |
| Citation | 208 Iowa 987,225 N.W. 953 |
| Parties | MAYNE ET AL. v. BOARD OF SUP'RS OF POTTAWATTAMIE COUNTY. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Pottawattamie County; O. D. Wheeler, Judge.
Supplemental opinion on petition for rehearing. Petition overruled.
For former opinion, see 223 N. W. 904.J. J. Hess and Geo. H. Mayne, both of Council Bluffs, for appellants.
John P. Organ, of Council Bluffs, for appellee.
In the petition for rehearing, our attention is called to one point which we failed to dispose of in the original opinion filed herein, reported in 223 N. W. 904.
It appears that, when this assessment was made, it was preceded by an order that the land be reclassified. It further appears that it was reclassified on the basis of the natural topography of the land as it existed prior to the construction of any of the improvements in this district. This was error. It should have been classified on the condition of the land as it existed just prior to and at the construction of the improvement for which the assessment was being made.
With this addition, the petition for rehearing is overruled.
The official reporter is directed to add this to the original opinion.
Petition for rehearing overruled.
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