Adams County v. Scott

Citations

• 117 Wash. 85
• 200 P. 1112
• 1921 Wash. LEXIS 1033

Syllabus

<p>Statutes (47) — Repeals—Amendment of Act. Where a section of a code is amended “to read as follows,” any matter in the original section not reincorporated in the amendatory section is thereby repealed; hence the right of appeal under the Donohue Road Law (Rem. So Bal. Code, § 5744) was abrogated by later amendment and re-enactment of § 5744, which omitted all matters connected with appeals.</p> <p>Appeal (18) — Decisions Reviewable — County Board. Rem. Code, § 3909, providing for appeals generally from the acts of the board of county commissioners to the superior court is inapplicable where the board acts under a special law for special purposes, such as the Donohue Road Law.</p> <p>Highways (39) — Assessments—Jurisdiction of Courts. Under Rem. Code, § 5769, permitting a property owner to secure a review by independent action in the superior court of an assessment under the Donohue Road Law, a direct appeal improperly taken, to the court, but treated by the parties as an independent action under the law warranted the court in taking jurisdiction.</p> <p>Same. The rule that; courts will not interfere with the action of the taxing authorities in putting valuations upon property for general tax purposes, or in levying assessments for the construction of streets in a municipality, unless the authorities have acted fraudulently, arbitrarily, or upon a fundamentally wrong theory, or unless the valuation is so manifestly unjust and excessive as to amount to constructive fraud, is directly applicable to county highways which are constructed in part at the expense of private property.</p> <p>Same. Assessments made under the Donohue Road Law will not be set aside by the courts in the absence of a showing of fraudulent, arbitrary, or fundamentally wrong action by the county commissioners in making the assessment or that the appraisers acted in bad faith, or that the assessment was so excessive as to be a badge of fraud.</p>