Toben v. Town of Manson

(dissenting). — I am not satisfied with the conclusion reached in Paragraph 2 of the opinion. I am inclined to affiian the decree of the lower court allowing the property owner to pay the assessment in installments. I shall state my reasons very briefly. I am not so sure but that, under the interpretation of the statute by the majority, the property owner is deprived of his constitutional right of appeal. 3 Corpus Juris 297. But I shall not go into that question. The majority opinion refers to the provision of the statute in regard to a written waiver as a reward or inducement to the property…