Smith v. Gotwals (72 F.2d 1003, 1934)

VAN ORSDEL, Associate Justice.

This is an appeal from the Supreme Court of the District of Columbia confirming a verdict for the assessment of benefits in a condemnation proceeding.

It appears that on February 2, 1928, the Commissioners of the District of Columbia instituted proceedings for the condemnation of land for the extension and widening of various streets in the Dislriot of Columbia. At that time, appellant was the owner of lots 23 and 36 to 45, inclusive, in square 2796. Prior to the rendition of the verdict, these lots were resubdivided, and are now known as lots 47 to 56, in square 2796. These lots were not within the property sought to be condemned.

On November 15, 1929, the jury returned a verdict awarding damages for the property taken, and assessing benefits against other property, among which was the property belonging to appellant. Appellant received no notice by registered mail of the assessments made against him, as required by law; but the jury’s verdict was finally confirmed March 3, 1931.

In May 1930, appellant received a tax bill for the benefits assessed against him, and, deeming the assessment void for lack of notice, filed a bill in equity praying that the lien bo dissolved and the collection of the tax enjoined. The Commissioners answered, charging that the appellant was guilty of laches. He moved to strike the answer, and, the motion being denied, took an appeal to this court. On the appeal, this court entered an order reversing' the judgment of the trial court, Smith v. Gotwais, 61 App. D. C. 304, 62 F.(2d) 466; and, pursuant to the mandate, a decree was entered in the court below, which, among other things, declared the order of thc.