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CHICAGO AND NORTHWESTERN RY. CO. v. WEBSTER CITY

No. 51187.

127 N.W.2d 115 (1964)

CHICAGO AND NORTHWESTERN RAILWAY COMPANY, Appellee, v. WEBSTER CITY, Iowa, Appellant.

Supreme Court of Iowa.

March 10, 1964.

Attorney(s) appearing for the Case

M. Gene Blackburn, Webster City, for appellant.

R. G. Remley, Webster City, Ray H. Johnson, Jr., of Davis, Huebner, Johnson, Burt & Fulton, and Frank W. Davis, Des Moines for appellee.

LARSON, Justice.

Appellant levied a special assessment of $2,725.86 against appellee's right of way for a street improvement in Webster City, Iowa. When timely objections to the assessment were overruled by the council, an appeal was taken to the district court. The principal issues there raised were the same as those advanced here, namely: (1) Does the assessment exceed the benefits conferred; and (2) does the assessment exceed 25% of the actual value of the property...

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