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· 12/28/1905

Barr v. Stratton

Citations

  • 41 Wash. 263

Syllabus

<p>Municipal Corporations — Vacation or Streets — Notice — Compliance With Statute. Under 1 Hill’s Code,- §§ 749, 752, providing for the vacation of streets and alleys and requiring certain notice to he given, a record of the city council showing the receipt of a petition for the vacation of an alley, that the committee on streets reported favorably, and that the petition was granted, is insufficient to show a legal vacation, or to raise the presumption that the required notice was given, as such proceeding was only preliminary.</p> <p>Same — Petition—Estoppel. One who petitions for the vacation of an alley, which is denied, is estopped from asserting that the same was vacated at some prior time.</p> <p>Adverse Possession — Or City Streets. Title to an alley held by a city for public purposes cannot be acquired by adverse possession.</p>

Judges: Dunbar

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