Caldwell v. City of Seattle

Citations

• 75 Wash. 565
• 135 P. 470
• 1913 Wash. LEXIS 2248

Syllabus

<p>Municipal Corporations — Public Improvements — Remedies oe Abutters — Temporary Injunction — Eeeect on Merits. In an action by a property owner to enjoin tbe construction of a sewer until his damages bad been ascertained and paid, in wbicb tbe plaintiff objected to tbe trial of tbe case as an action for damages, an order denying a temporary injunction and requiring tbe city to bring a condemnation or other suit to ascertain tbe damages, is not to be construed as an admission of plaintiff’s right of recovery, especially where tbe order was excepted to, as plaintiff could either enjoin tbe construction or sue for damages, and could waive one remedy and insist on tbe other.</p> <p>Easements — Access—Prom Public Parks. Tbe owner of property abutting a park has no vested right of access at any particular point, and therefore cannot complain that a sewer constructed in tbe park interferes with bis right of access.</p> <p>Municipal Corporations — Parks—Uses — Diversion. Tbe construction of a sewer in a public park wbicb tbe city bolds by fee simple title, is not necessarily a diversion of tbe uses of the park; and as to an abutting owner is damnum, absque injuria.</p> <p>Same — Powers—Sewers — Discretion oe Council- — Review by Courts. Courts will not control tbe discretion of tbe governing body of a city in placing a sewer in a park, nor in laying tbe same on top of tbe ground.</p>