Allen v. City of Spokane

Citations

• 108 Wash. 407
• 184 P. 312
• 1919 Wash. LEXIS 874

Syllabus

<p>Municipal Corporations (269)—Improvements — Assessments— Action to Set Aside. A property owner, in an action to cancel a street assessment, may show that the property improved was not a public street, since the city cannot acquire the property unless the public necessity is judicially determined, nor unless its cost can be found in assessments or within the city’s debt limit.</p> <p>Same (256)—Validity of Assessment—Estoppel. The fact that a property owner petitioned for an improvement and made affidavit that the property was a public street will not estop him from maintaining an action to cancel the assessment when ft is found that the property improved was not public property.</p> <p>Holcomb, C. J., dissents.</p>