Phillip Gray, Linda Gray, Randall Ingram, Loren Meyer, Linda Meints-Meyer, Dennis Ripperger, Mary Ripperger, Lucille Mae Sindric, James Steffen, and Tracy Steffen v. City of Indianola, Iowa

797 N.W.2d 112, 2011 Iowa Sup. LEXIS 30
CourtSupreme Court of Iowa
DecidedMay 6, 2011
Docket09–1147
StatusPublished
Cited by4 cases

This text of 797 N.W.2d 112 (Phillip Gray, Linda Gray, Randall Ingram, Loren Meyer, Linda Meints-Meyer, Dennis Ripperger, Mary Ripperger, Lucille Mae Sindric, James Steffen, and Tracy Steffen v. City of Indianola, Iowa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillip Gray, Linda Gray, Randall Ingram, Loren Meyer, Linda Meints-Meyer, Dennis Ripperger, Mary Ripperger, Lucille Mae Sindric, James Steffen, and Tracy Steffen v. City of Indianola, Iowa, 797 N.W.2d 112, 2011 Iowa Sup. LEXIS 30 (iowa 2011).

Opinion

HECHT, Justice.

Several property owners sued the city of Indianola challenging the special assessments levied for paving a gravel road abutting their property and installing a sidewalk. The district court found the property owners had been assessed in excess of the special benefits received from the project and reduced the assessments. The city appealed. We affirm in part, reverse in part, and remand for further proceedings.

I. Factual and Procedural Background.

Plaintiffs own residential acreages along West Euclid Avenue on the west edge of the city of Indianola. West Euclid was a gravel road until the school board decided to build an elementary school along the avenue and the city council decided to pave it. The paving project included expanding and paving the avenue, reconfiguring ditches, and installing sidewalks on both sides. The city council’s decision to pave was based on the location of the school, and none of the owners of the residential *114 acreages had requested that the road be paved.

The paved road was thirty-one feet wide and eight inches thick. The city levied a total of $360,448.81 in special assessments for the pavement of the road and $41,080.32 for the installation of the sidewalk. The assessment district included the properties abutting West Euclid and back to a depth of 300 feet. 1 The final assessments levied against the plaintiffs were as follows:

Phillip and Linda Gray $20,855.45
Randall Ingrain $11,697.64
Loren Meyer and Linda Meints-Meyer $16,694.32 Lucille Sindric $16,694.32
James and Tracy Steffen $16,694.32
Dennis and Mary Ripperger $20,036.51 2

Several owners of property within the assessment district sued the city, 3 contending the assessment exceeded the special benefits they received from the project. The various owners testified they did not receive much, if any, benefit from the paving of the road. They asserted they had purchased their property because they valued the rural atmosphere of which the gravel road was a feature. They believed their property values had decreased as a consequence of increased traffic prompted by the pavement of the road and the location of the school in the neighborhood. The owners opined access to their properties was not improved by the paving of the road. They also testified that the expected benefits of paving a gravel road, such as reduced noise and dust, were offset by the detriment resulting from the increased traffic due to the school. The owners also testified they did not believe the sidewalk benefitted their properties at all but actually constituted a detriment because they would now be required to maintain the sidewalks, including clearing snow in the winter. The owners further believe their exposure to liability for personal injuries to pedestrians increased as a consequence of the construction of the sidewalks which prompted an increase of pedestrian traffic. At least one owner purchased additional insurance to address his perception of this increased risk. Some owners conceded their properties might have more curb appeal because of the paved avenue, but none admitted any interest in selling their property.

The owners presented the expert testimony of Harold Smith, a former city engineer of the city of Des Moines. Smith opined that the method utilized by the city to spread part of the cost of the paving project among the abutting landowners, commonly called the Flint formula, was improper in this situation because the assessed properties are residential acreages. He testified that the city’s use of the Flint formula, a purely mathematical formula based on frontage feet and distance from the improvements, resulted in excessive assessments. Smith criticized the city’s application of the formula, asserting it failed to consider (1) the unique features of each parcel of land and (2) whether special benefits would actually be conferred to the properties burdened by the assessments. 4 *115 He proposed an alternate formulation of the assessments, multiplying the number of frontage feet of each parcel abutting the improvement by his calculation of the cost per foot of a twenty-five-foot wide, seven-inch thick road. 5 He then considered fifteen “special benefit factors” to determine whether the paved street conferred special benefits upon the properties or general benefits to the city as a whole and concluded the paved road conferred little, if any, benefit upon the abutting landowners. 6 Finally, after considering the unique features of each parcel, including whether it could be subdivided, his report concluded

[w]ith all the property characteristics being nearly uniform, the assumption is that residential home owners receive Special Benefit and not land. Consequently, the 15 Special Benefit factors outlined herein uniformly apply to these owners. No property Owner receives any more or any less Special Benefit. Consequently, the Ingram property represented by parcel number 24 is the most common property that receives no more or no less Special Benefit than any other assessed property. Under the scenario of these residential property owners being assessed for a minimal residential paving slab only, and one-half the sidewalk assessment, the combined maximum assessment would be $8,453.78. No property on West Euclid Avenue should have a maximum combined assessment for the pavement and sidewalk that exceeds $8,453.78.

The city presented evidence that while the Flint formula was utilized in part, the assessments in this case were not based entirely on a mechanical application of the Flint formula without consideration of the special benefits conferred upon the properties. Jeremy Enano, the engineer who prepared the plat and assessment schedule for the city, explained that, before the Flint formula was even applied to any of the project costs, the city had deducted the cost of paving the intersections and had only considered the cost of installing pavement seven inches thick, rather than the eight inches that was actually installed. The city had also not included the cost of installing sidewalks in the intersections in the sidewalk assessment. The city manager, Timothy Zisoff, testified the formula was adjusted for certain lots at the di *116 rection of the city council. Enano and Zisoff explained the adjustments:

For lots that were relatively large or lots that could potentially have a smaller lot subdivided out from it, we analyzed that subdividable lot as a separate entity, and in doing so we were able to determine what the assessment would be for the smaller portion and the larger portion. And at the direction of the City, we used the assessment from the smaller portion and classified it as a deficiency and specifically lowered the overall assessment to anybody that could have a lot divided out by $6,250.
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797 N.W.2d 112, 2011 Iowa Sup. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillip-gray-linda-gray-randall-ingram-loren-meyer-linda-meints-meyer-iowa-2011.