E. Frederick Theis v. James F. Heuer Et

The Board of Sanitary Commissioners of the City of Indianapolis constructed a local sanitary sewer in a residential area served only by septic tanks. Prior to the hearing on the final assessment roll (which would assess the total cost to the properties served on a square foot pro rata basis) the owners of ten lots filed with the Board a written remonstrance contending assessments were in excess of the actual benefits accruing to their lots. At the Conclusion of the hearing the Board rejected the remonstrance and approved the assessment roll. The remonstrators (appellees here) filed their complaint for appeal in the Superior Corut of Marion County, Room No. 3. Trial resulted in a decree substantially reducing the assessment on each of the ten lots. In its motion to correct errors and on appeal the city asserts as error: 1) that the court erred in not sustaining its "motion for directed verdict" at the close of plaintiffs case, and, 2) that the decision is contrary to law in that the trial court was without jurisdiction to substitute its judgment for that of the Board with respect to the benefits accruing to the remonstrators property. The remonstrators inject a third issue by contending that City waived its right to appeal from the Superior Court to this court by failing to file a petition for rehearing in the trial court within fifteen days after its decision as provided by Ind. Ann. Stat. § 48-4506 (Burns 1963 Repl.), IC 1971, 18-5-17-6.