Show DR R B STEVENS institutes SUIT AGAINST FILLMORE C CITY I 1 T Y suit was recently lied filed in the district court of 0 millard county by dr R B D stevens against fillmore city corporation and tile the present mayor and city council athe suit is brought upon certain 8 special improve improvement men t warrants issued in 1917 for sidewalk improvement the amount claimed in the complaint is and interest from april 1932 tills this matter has been before the alie city at various times and previous city administrations wore were unable to agree with dr stevens as to the amount due upon its his claim the present city council when confronted wit with a demand tor for payment sought the advice of attorneys regarding the claim and the further advice le ie garding their legal right to pay tills this special improvement claim front from any aily other fund than the special improvement fund the obligation was or igi nally incurred as a special improvement pro obligation in the amount of which was assessed against the abutting property owners all of 0 the money the city has collected from the abutting property owners has heretofore been paid to dr stevens and in tact fact much more than was originally assessed the city employed attorney E vance wilson to render an opinion on this question this advised the mayor and city council that inasmuch as all moneys receil ed by the city from this fund had been paid the claimant that there was nas serious doubt whether the present administration had the right to pay any general tax money toward this claim and that there was serious doubt whether any legal obligation existed to pay any of 0 the claim at present further that in as several thousand dollars of the claim represented interest on principal and interest upon unpaid interest that in order to properly protect the rights ot of all taxpayers the matter should be presented to a court for determination the city council acting upon this advice and upon the opinion of 0 attorney claude P baker of 0 eureka to the same effect decided to submit to litigation rather than honor the claim before the legal responsibility was established since the city council reached this decision certain taxpayers who paid their special improvement improved C lit tax in full in 1917 have threatened to enjoin the payment of 0 this claim without a court order upon teethe the theory that they have paid their improvement pro tax and that it if fillmore city attempts to pay the claim now presented by dr stevens that their property will be held to pay its proportion and hence be taxed again tor for the improvement the case is being presented to court in a manner to incur the least possible expense upon both parties and when final finaly determined will settle a controversy that has vexed both parties throughout several city administrations |