Park City Yacht Club v. City of Bridgeport

• Decision Date: 03 August 1908
• Citation: 81 Conn. 76,70 A. 631
• Parties: PARK CITY YACHT CLUB v. CITY OF BRIDGEPORT.
• Court: Connecticut Supreme Court

70 A. 631

81 Conn. 76

PARK CITY YACHT CLUB

v. CITY OF BRIDGEPORT.

Supreme Court of Errors of Connecticut.

Aug. 3, 1908.

Appeal from Superior Court, Fairfield County; Edwin B. Gager, Judge.

Application by the Park City Yacht Club against the city of Bridgeport to have an alleged illegal assessment of special benefits for a public improvement set aside and for damages, etc. From a Judgment for the city, plaintiff appeals. Judgment reversed and remanded for further proceedings.

John W. Banks, for appellant.

James A. Marr, for appellee.

HAMERSLEY, J. Section 42 of the charter of the city of Bridgeport authorizes the common council, as they shall' deem needful, to lay out new highways and to alter, extend, or enlarge any highway, and to discontinue or exchange the same for other highways, and to make and cause to be executed all such orders relating thereto as they shall judge proper. Section 45 requires the common council, before it shall determine to make any such public improvement referred to in section 42, to cause reasonable notice to be given of a meeting of the common council, at which meeting the common council shall hear all parties in interest who may appear and desire to be heard in relation thereto. Section 46 provides that, if after such hearing, the common council shall resolve to make any such public improvement, they shall appoint a committee or authorize the board of public works, whose duty it shall be to make a layout of such public improvement, and to report their doings to the common council, which report shall embody a survey and particular description of such public improvement, and, if such report shall be accepted and approved by the common council, it shall be referred to the board of appraisal of benefits and damages for action by them. On September 23, 1901, a special committee duly appointed to make a layout of the public improvement which is the subject of this proceeding reported to the common council that they had "laid out, altered, exchanged, discontinued, enlarged" Stratford avenue from Pequennock river to Seaview avenue, in accordance with the particular description, etc., submitted with and made a part of the report, and the common council thereupon accepted and approved said report and referred the same to the board of appraisal of benefits and damages to estimate damages and benefits resulting from said changes. This action of the common council completed a layout of the public improvement previously resolved upon by the common council by which Stratford avenue was altered, exchanged, discontinued, and enlarged, as set forth in the report.

Section 47 of the charter provides that the board of appraisal of benefits and damages shall have exclusive jurisdiction of appraising, assessing, and apportioning all benefits and damages accruing or resulting to any persons from such public improvement mentioned in section 42. Section 48 provides that said board, at a meeting duly held, "shall ascertain and determine what person or persons will be damaged by such taking of land, or such public improvement, as aforesaid, and the amount thereof, over and above any special benefits such person or persons may receive therefrom; also what other person or persons will be especially benefited by such taking of land or public improvement, as aforesaid, and the amount thereof over and above any damages such person or persons may receive therefrom: also what other person or persons will receive an equal amount of damages and benefits thereby. But the whole amount of benefits assessed for any particular public improvement shall not exceed the whole amount of damages assessed on account of the said public improvement," and report the amounts thus ascertained and the names of the persons affected to the common council. Section 49 provides that, upon the acceptance of said report by the common council, certain proceedings shall take place, and that the common council shall fix the time within which such public improvement shall be opened for the public use, and at the expiration of the time so fixed may make and cause to be executed all such orders as they deem necessary and proper to appropriate the same to the public purposes for which the same are made. On January 6, 1902, the board of appraisal of benefits and damages reported to the common council on said layout, alteration, exchange, etc., of Stratford avenue a statement of damages and benefits to the owners of property adjoining said avenue, in which statement said board estimated and appraised the benefits of the plaintiff, the Park City Yacht Club, at $138.61. On April 7, 1902, the common council adopted said report and confirmed the assessments therein made.

Section 69 of the charter provides that any person aggrieved by any act of the board of appraisal of benefits and damages, or of the common council, in making assessments as authorized may, within 30 days after public notice is given of acceptance by the common council of the report of said...