Skip to main content
· 12/18/1905

City of Forth Yakima v. Scudder

Citations

  • 41 Wash. 15
  • 82 P. 1022

Syllabus

<p>Municipal Corporations — Local Improvements. A lien for a municipal assessment for local improvements is not rendered void by reason of mere irregularities.</p> <p>Appeal — Review—Estoppel. An ordinance offered in evidence and excluded at appellant’s instance cannot be considered on appeal.</p> <p>Municipal Corporations — Local Improvements — Resolution oe Intention — Changes and Republication to Correct Inaccuracies— Sufficiency — Statute. A statute requiring the city counsel to first publish notice of its intention to make a local improvement, stating the name of the street to be improved and an estimate of the cost, is substantially complied with so that there is no jurisdictional defect, where the required resolution and cfdinanee weft passed before the improvement was commenced, and the proceeding is not affected by the fact that, owing to a miscalculation or mistake, the original date for hearing was changed by the clerk by direction of the council before publication, and a second publication of the ordinance was had for the purpose of correcting an error, the resolution having specified the improvements and misleading no one, and when, by reference to the records, all necessary information could have been obtained.</p> <p>Same — Failure to Show Estimated Cost — Estimate on File— Sufficiency. A municipal assessment for local improvements is not invalidated by reason of the fact that the notice, which was required to state an estimate of the cost, left the amount blank, since the property owners were thereby put on inquiry and from the estimate on file could have ascertained the amount.</p> <p>Same — Publication—Official Paper. An objection that notice of a municipal assessment for local improvements was not published in the official paper is unavailing where the paper had been designated as the official paper for a certain term, which had expired without the designation of any other official paper, since it was the de facto official paper for the purposes o

Judges: Durbar

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.