Vaughn v. City of Ashland

• Decision Date: 17 April 1888
• Citation: 37 N.W. 809,71 Wis. 502
• Parties: VAUGHN v. CITY OF ASHLAND.
• Court: Wisconsin Supreme Court

71 Wis. 502

37 N.W. 809

VAUGHN

v.CITY OF ASHLAND.

Supreme Court of Wisconsin.

April 17, 1888.

Appeal from circuit court, Ashland county; S. H. CLOUGH, Judge.

April 30, 1887, the city surveyor estimated the costs of an entirely new pile bridge on Second street, between Lake street and Vaughn avenue, in Ashland, at $2,036. On May 16, 1887, the board of public works in the city reported that they had viewed and considered the lots and lands abutting on Second street which they deemed would be benefited by placing Second street, between Lake street and Vaughn avenue, at the established grade, and that, in their opinion, the city at large should be charged with one-third of the cost of such improvement on account of said street being crossed at that point by a ravine, and that the remaining two-thirds of the cost should be charged to lots 1 to 12, inclusive, in block 73, and lots 12 to 24, inclusive, in block 113, all in Vaughn division, which, in their opinion, would be actually benefited by such improvement when completed as per the surveyor's estimate. May 17, 1887, the common council directed the board of public works to view said several lots, and consider the amount to be made chargeable according to law against said lots for such improvement, and to give public notice of such assessment for review and correction, and to advertise for bids for doing such work. On the same day the said board thereupon assessed said several lots, as directed, on the basis of the surveyor's estimated cost of $2,036, of which $678 was to be paid by the city, and $1,358 chargeable to said lots, with descriptions, etc., in detail. May 18, 1887, the board gave public notice of such assessment of benefits and damages for placing said portion of said Second street at the established grade, “by causing a new pile bridge to be built,” and that such report would be open for review and correction at a place and times named, when all persons interested would be heard by said board. June 14, 1887, the common council, by resolution, confirmed the assessment of the board of public works made upon the lots abutting upon Second street, between Lake street and Vaughn avenue; and on the same day the common council, by resolution, authorized the board to enter into a contract on behalf of the city “for the building of said bridge with the lowest responsible bidder; said contract to be signed by the mayor.” June 28, 1887, a writ of certiorari, issued by the circuit court to said mayor and common council, upon the verified petition of said Emiline E. Vaughn, a resident and tax-payer of said city, and the owner of a large number of said lots, was served on said mayor. July 12, 1887, the said board reported to the common council that they had examined and approved the said new pile bridge constructed under contract, and that the actual cost thereof exceeded said estimate by $36.41. July 18, 1887, the city authorities made return to the writ in substance as above stated. Upon the hearing of the matter, the court held, in effect, that, in so far as the proceedings attempted to charge the costs of such improvement against the lots fronting thereon, they could not be sustained, and accordingly that the assessment against said lots should be reversed. From the judgment entered thereon accordingly, the mayor and common council bring this appeal.Dockery &...