Spencer Shopping Center, Inc. v. City of Spencer

200 N.W.2d 513, 1972 Iowa Sup. LEXIS 901
CourtSupreme Court of Iowa
DecidedSeptember 19, 1972
Docket55031
StatusPublished
Cited by7 cases

This text of 200 N.W.2d 513 (Spencer Shopping Center, Inc. v. City of Spencer) 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
Spencer Shopping Center, Inc. v. City of Spencer, 200 N.W.2d 513, 1972 Iowa Sup. LEXIS 901 (iowa 1972).

Opinion

UHLENHOPP, Justice.

We are required here to decide whether a special assessment levied on a shopping center tract for a storm sewer was in accordance with the special benefits conferred.

Spencer Shopping Center, Inc. acquired 16.316 acres of land in Spencer, Iowa, which it improved with buildings having approximately 100,000 square feet of roof, a hard-surfaced parking area of 57,110 square yards, and a smaller grassed area. The soil where the Shopping Center' was built was porous in nature.

A storm sewer district was established which consists of about 385 assessable acres, including the Shopping Center tract. The land in the area is relatively flat. Such slope as exists is to the southeast. The Shopping Center tract is near the highest elevation, in the northwest part of the district. The storm sewer runs along most of the west side of the Shopping Center tract, along the south side, and for 437 feet along the southeast side. The sewer cost $727,734, of which 35% was paid from Spencer’s sanitary fund and 65% was levied by Spencer on the benefited land in the district.

The Shopping Center tract was assessed $32,050. The Center objected before the city council that the assessment is excessive. The objection was overruled. The Center then appealed to district court where, after trial, its objection was again overruled. Hence its present appeal to us. See Code, 1962, §§ 391.89, 391.90 (references are to the Code of 1962, the latest Code at the time of the events).

At trial in district court, two witnesses testified, one for Spencer and the other for the Shopping Center. Both were engineers. Spencer’s engineer, a member of a *515 consulting engineering firm, had extensive experience, considerably more than the Shopping Center’s engineer. In endeavoring to arrive at the benefit from the sewer to the Shopping Center tract, both witnesses used the same factors: improvement factor, frontage factor, elevation factor, and area factor. They held the same opinion as to the improvement factor but differed as to the other three factors. The opinion on benefits of Spencer’s engineer was this:

Frontage factor 2,300.00

Elevation factor 3,806.00

Area factor 41,374.00

Total $49,307.00

Assessment at 65% $32,050.00

The opinion of the Shopping Center’s engineer was this:

Frontage factor 1,725.30

Elevation factor 3,082.58

Area factor 22,396.24

Total $29,031.12

Assessment at 65% $18,870.00

We need not consider the improvement factor, as the evidence is simply against the Shopping Center’s present contentions. Spencer’s engineer developed the assessments, and he thought of course that the allocation of $1,827 is fair. The Shopping Center’s engineer testified:

The next ‘ factor to be considered in arriving at a fair assessment is the “improvement benefits” which was assessed by the city’s engineers. This amount originally was $1,827.00 [before reduction by 35% paid by Spencer], and I feel that from an engineering standpoint this figure is fair.

We are thus concerned with the other three factors.

The governing statute is § 391.48 of the Code, which provides in pertinent part:

When any city council levies any special assessment for any public improvement against any lot, such special assessment shall be in proportion to the special benefits conferred upon the property thereby and not in excess of such benefits.

See also § 391.42.

Assessments made by a city are presumed to be correct and the burden is on the objector to prove otherwise. Goodell v. City of Clinton, 193 N.W.2d 91 (Iowa). The ultimate question is whether the amount levied on a tract constitutes its fair proportion of the total cost. Rood v. City of Ames, 244 Iowa 1138, 60 N.W.2d 227.

I. Frontage Factor. Spencer’s engineer testified that land fronting on a street containing a storm sewer receives more benefit than other land in the district, and that land on the side of the street where the sewer runs receives more benefit than land on the opposite side of the street because of ease and lower cost of connecting to the sewer. He thought, however, that the whole factor of frontage is not entitled to great consideration. Hence he allocated less than 10% of the overall cost to that factor. He assigned $3 per front-foot to abutting parcels on the “near side,” and $1.50 per front-foot to parcels across the street — the “far side.” But he did not compute footage mechanically; he made equitable adjustments for the size and shape of parcels. In addition, if the sewer ran on both sides of a parcel, he assigned the average footage of the two sides so as not to double the factor. His adjustments were aimed at causing the factor to reflect the actual benefit received by a parcel by virtue of its abutting the sewer, and he applied his system consistently and not just to the Shopping Center tract.

A front-foot factor may be employed in ascertaining benefits from storm sewers, but it must not be applied arbitrarily. Fairness may require that the size and *516 shape of parcels and actual proximity to the sewer be considered within the frontage factor itself. Moreover, if factors other than frontage affect benefits, they must be given weight. Rood v. City of Ames, 244 Iowa 1138, 60 N.W.2d 227; Benshoof v. City of Iowa Falls, 17S Iowa 30, 156 N.W. 898; Iowa Pipe & Tile Co. v. Callanan, 125 Iowa 358, 101 N.W. 141; 48 Am. Jur. Special or Local Assessments § 67 at 622-624; 63 C.J.S. Municipal Corporations § 1430 at 1218-1223. Upon consideration of the evidence here, we conclude that the factor for frontage was applied in accordance with these principles and that the Shopping Center has no just ground for complaint as to this factor.

II. Elevation Factor. High land naturally receives less benefit from a storm sewer than low land. The highest land receives only its own water, but low land receives its own water and water from high land. Hence an elevation factor is a proper consideration in ascertaining benefits from a storm sewer.

The portion of benefits to be allocated on the basis of elevation alone varies with the terrain of districts. Steep slopes cast off more water than gently sloping land. Hence the allocation to the elevation factor must be greater in more sloping districts than in the flatter ones. The land in this district has varying elevations, but is relatively level,

Spencer’s engineer developed a formula for the terrain in this district which allocated about 13% of the total cost of the sewer to the factor of elevation. Broken down, this resulted in an index figure of $204.98 per acre. The engineer then developed a multiplier for each parcel, based upon its particular elevation. The highest parcel had the lowest multiplier (zero) and the lowest parcel had the. highest multiplier.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Freeman v. City of Waverly
581 N.W.2d 194 (Court of Appeals of Iowa, 1998)
Simmons v. City of Moscow
720 P.2d 197 (Idaho Supreme Court, 1986)
Hawley v. City of Hot Springs
276 N.W.2d 704 (South Dakota Supreme Court, 1979)
Mulford v. City of Iowa Falls
221 N.W.2d 261 (Supreme Court of Iowa, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
200 N.W.2d 513, 1972 Iowa Sup. LEXIS 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-shopping-center-inc-v-city-of-spencer-iowa-1972.