City of Port Angeles v. Lauridsen

Citations

• 26 Wash. 153
• 66 P. 403
• 1901 Wash. LEXIS 622

Syllabus

<p>MUNICIPAL CORPORATIONS-INVALID ASSESSMENT FOR STREET IMPROVEMENT -REASSESSMENT.</p> <p>Laws 1893, p. 226, § 1, which provides for a reassessment to pay the cost of a local improvement in case the original assessment has been declared invalid does not contemplate a direct proceeding for the purpose of adjudicating the invalidity of the assessment upon any particular lot, but it is sufficient if the illegality of the assessment has been declared in litigation involving other lots.</p> <p>SAME-FORECLOSURE OF ASSESSMENT LIEN-RIGHT OF CITY TO SUBROGATION.</p> <p>In an action by a city, after a reassessment for a street improvement, to have itself declared subrogated to the rights of warrant holders whose claims against a street improvement fund the city had been compelled to pay by reason of its negligence in failing to provide the fund, parties against whom a reassessment has been levied cannot question the city’s right to subrogation, where they have paid neither the original assessment nor the reassessment.</p>