Milton O. & Phyllis A. Thorson Revocable Estate Trust v. City of West Des Moines

531 N.W.2d 647, 1995 Iowa App. LEXIS 37
CourtCourt of Appeals of Iowa
DecidedMarch 30, 1995
Docket4-596
StatusPublished
Cited by8 cases

This text of 531 N.W.2d 647 (Milton O. & Phyllis A. Thorson Revocable Estate Trust v. City of West Des Moines) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Milton O. & Phyllis A. Thorson Revocable Estate Trust v. City of West Des Moines, 531 N.W.2d 647, 1995 Iowa App. LEXIS 37 (iowactapp 1995).

Opinion

CADY, Judge.

This is an appeal by the City of West Des Moines from the district court’s ruling reducing the assessments against various property owners for the costs of a street paving project. On our review of the case, we affirm in part and modify in part.

The City of West Des Moines built a paved road in 1992 on a strip of land acquired from Iowa Concrete Block & Material Company. The right-of-way had been used by Iowa Concrete for access to its property from Fuller Road. The surface of the private road was a mixture of gravel and dirt. The road was shared by other abutting property owners, which included the City of West Des Moines. The users of the private road also shared in the maintenance costs. The area surrounding the road is an industrial park.

The paved road is now known as South 16th Street. It is a dead-end street and extends 1530 feet south from Fuller Road. The city owns land on the east side of the street and operates its public works facility on the property. Iowa Concrete operates its business just north of the public works facili *649 ty. The other properties involved in the challenged assessment are located on the west side of the street. Each tract has access off Fuller Road, but portions of their property lines also abut South 16th Street.

The city began plans to construct the road after Iowa Concrete met with city officials to discuss its concerns about unauthorized traffic on the private road. The city rejected the suggestion by Iowa Concrete that a gate be erected, and pursued plans to acquire the land and construct the road. The city was interested in providing better access to its public works facility. The facility stores numerous city vehicles and supplies, and is the fueling station for approximately one-half of the city fleet of vehicles. The public also uses the facility for meetings and other services.

There were other considerations for the city in the construction of the street. One important consideration was the street could be extended in the future to provide the necessary alternative access to a planned regional park south of the industrial park area. Many alternative access roads were considered. The street would also assist in the continuous development of an overall transportation network in that area of town. The paving project would also eliminate one of the several unimproved streets in the area, which was a source of many complaints from area businesses.

The city acquired the right-of-way from Iowa Concrete for approximately $59,000. The total cost of the project exceeded $450,-000. The construction consisted of an eight-inch thick concrete pavement, together with storm sewers and the installation of a water main near the Fuller Road juncture. The standard thickness for a paved street is six inches.

The city excluded the costs of a water main and the additional two inches of pavement in making its assessment. The remaining costs were then assessed to the affected properties under the modified “Flint Formula.” The city included itself in the formula as the owner of the public works property, as well as the owner of a nearby sewer right-of-way. The relevant amounts assessed by the city were:

M & W Mini Storage $ 35,455.28
Max & Elizabeth Isaacson $ 16,876.08
Daniel & Joyce Spain $ 17,281.28
Milton & Phyllis Thorson Trust $ 31,395.86
Iowa Concrete $107,451.65
City of West Des Moines $ 33,766.93

The city acknowledged after, the lawsuit was filed that the assessment to M & W Mini Storage was incorrect, and reduced it to $12,-389.81. The district court found the Spain assessment was correct, but reduced the other assessments as follows:

M4W Mini Storage $ 6,000
Max & Elizabeth Isaacson $ 15,000
Milton & Phyllis Thorson Trust $ 16,000
Iowa Concrete $ 47,000

The evidence at trial included opinions of the increased market value of the abutting property due to the presence of the paved street. This evidence showed the market value of the abutting property increased as follows:

M & W Mini Storage $ 3,000-5,000
Max & Elizabeth Isaacson $ 9,000-12,000
Daniel & Joyce Spain $15,000-20,000
Milton & Phyllis Thorson Trust $ 9,000-12,000
Iowa Concrete $31,200

The city claims the trial court improperly reduced the challenged assessments by placing too much emphasis on evidence of market value. It argues the evidence produced by the property owners was insufficient to overcome the presumption that the assessment was correct.

The law permits a municipality to assess the costs of most public improvements against property within the assessment district in an amount not in excess of the special benefits conferred upon the property. Iowa Code § 384.61 (1993). Once a municipality has ordered a special assessment, it is presumed some benefit results to the assessed property owners. Goodell v. City of Clinton, 193 N.W.2d 91, 93 (Iowa 1971). It is also presumed the assessment amount is correct and not in excess of the special benefit derived from the improvement. Id. The burden rests with the property owner to show the assessment is excessive by evidence including proof of the actual benefit to the property. Id. Without such evidence, the assessment stands. Id.

The single issue presented on appeal in this case is whether the assessment levied by the city exceeded the special bene *650 fit conferred upon the affected property owners. Our review is de novo. Knudsen v. City of Des Moines, 254 N.W.2d 1, 4 (Iowa 1977). We must decide if the property owners sustained the burden of proof. We give weight to the findings of the trial court, but are not bound by them. Goodell, 193 N.W.2d at 95.

Although our task in public improvement cases is to determine the special benefit conferred on the neighboring property, in street paving cases we ordinarily must determine what portion of the improvement represents the special benefit to the property owners and what portion represents general benefit to the city. This is because street paving projects usually confer both general and special benefits, and the abutting property owners are not required to pay for the general benefits accruing to the community at large. Id. at 94-95. The finished street is available for all in the community to use; and all, including the abutting land owners, contribute to the costs through general taxation. Id. at 94.

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531 N.W.2d 647, 1995 Iowa App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milton-o-phyllis-a-thorson-revocable-estate-trust-v-city-of-west-des-iowactapp-1995.