Brown v. City of Anacortes

Citations

• 79 Wash. 33
• 139 P. 652
• 1914 Wash. LEXIS 1143

Syllabus

<p>Municipal Corporations — Improvements— Sewers — Districts— Statutes — Construction. An original improvement for a trunk sewer, under 3 Rem. & Bal. Code, §§ 7892-15, 7892-16, is not controlled by Id., §§ 7892-13, 7892-14, providing that, when the special benefits from a local improvement extend beyond the boundaries of the local improvement district theretofore described, the city council may create an enlarged district which shall include, as near as may be, all the property especially benefited; hence it is not necessary, in assessing for a trunk sewer for which no laterals were to be constructed at that time, to include in the assessment district outlying property which would be benefited when laterals were constructed and connected with the trunk sewer, without making an enlarged district as required by Id., § 7892-14.</p> <p>Same — Trunk Sewers — Assessments—Districts—Discretion— Review. The requirement that an -assessment for a trunk sewer shall include, as near as may be, all the territory which can be sewered and drained' through the sewer, is not mandatory, but implies that the council shall exercise some discretion in determining whether the district shall conform strictly to topographical conditions; hence an assessment will not be set aside for failing to include all property that could be sewered through the sewer, where it does not appear that such property could not be sewered into other sewers; and the assessment district fixed will not, on appeal, be changed unless the council acted arbitrarily.</p> <p>Same — Sewers—Assessments—Districts. The fact that a tunnel is necessary to sewer certain property into a trunk sewer, or that it could be sewered by a separate sewer system at an expense of $6 per lot less than by laterals connecting with the trunk sewer, does not preclude the assessment of the property as not topographically within the district, where it could be practically sewered into the trunk sewer and the cost thereof was reasonable as compa