Chicago, M., St.P. & Pac. R. Co. v. Risty, 276 U.S. 567 (1928)

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Chicago, Milwaukee, St. Paul

& Pacific Railroad Company v. Risty
No. 501

Argued February 21, 23, 1928
Decided April 9, 1928
276 U.S. 567

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH DAKOTA

Syllabus

1. A decree dismissing suit to enjoin special tax assessments which in terms is without prejudice to the right of the plaintiff to contest the matters in question as though the suit had not been instituted or the decree entered does not bar subsequent litigation of the same question. P. 569.

2. Due process of law does not require notice of a proceeding to determine merely whether an improvement shall be constructed if land owners are later afforded an opportunity to be heard and to show that their property should not be assessed. P. 573.

3. A landowner who, being duly notified, fails to avail himself of an opportunity afforded by a state statute to be heard upon the question whether his land will be benefited by a proposed public improvement and upon the constitutionality of including it in the proposed improvement district cannot raise the question in this Court in a suit attacking the resulting assessment. P. 574.

Affirmed.

Appeal from a decree of the district court refusing an interlocutory injunction against apportionment and assessment of benefits on appellant’s land for the maintenance of a drainage system.