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<br /> . . <br /> The Hon. Robert L. Woodburn <br /> April 27, 1987 <br /> . Page Two <br /> owner's argument that the city could not speculate about his <br /> future use of his tract of land, the Court made the following <br /> observation: <br /> "It is well establi shed, however, that the relative <br /> benefits from an improvement are calculated on the <br /> market value of the land before and after the <br /> improvement and tha t the market value may be calculated <br /> on the highest and best use of the land. Even present <br /> use, while in consideration is not dispositive." <br /> The Court concluded with the following remarks: <br /> "We have held on numerous occasions that once it has <br /> been found that the assessment does not exceed the <br /> benefits to the property, the apportionment of <br /> assessment among the various properties is a <br /> legislative function on the part of the council and <br /> will not be overturned except on a showing that it was <br /> clearly erroneous. <br /> . It is not the providence of the court to substitute its <br /> judgment for that of the body making such a decision, <br /> but merely to determine whether that body was within <br /> its jurisdiction, was not mistaken as to the appli cable <br /> law, and did not act arbitrarily, oppressively, or <br /> unreasonably, and to determine whether the evidence <br /> could reasonably support or justify the determination. " <br /> ,Based upon the foregoing, it seems as though the City could <br /> apportion more of the assessments for the Round Lake Interceptor <br /> project to the Naegele parcel so long as the real estate <br /> appraiser(s) hired by the City can show that the Naegele property <br /> is more specially benefited than the other propert ies to be <br /> assessed. <br /> Please give me a call if you wish to discuss this opinion <br /> further. <br /> Very trulYcyours, <br /> JSL:tah <br /> . <br /> - ------...--- <br />