City of Spokane v. Browne

Citations

• 8 Wash. 317
• 36 P. 26
• 1894 Wash. LEXIS 58

Syllabus

<p>MUNICIPAL CORPORATIONS — ASSESSMENT FOR STREET IMPROVEMENT— CHANGE OP METHOD — EIGHTS OF CITT AND ABUTTING OWNERS — DESCRIPTION OF IMPROVEMENTS.</p> <p>Although a street improvement has been initiated by a city under a law providing for assessment therefor according to valuation of property in the assessment district, and, during the progress of the improvement, the law has been changed so as to provide for assessment per front foot of the abutting property, yet the assessment under the scheme subsequently adopted will be valid and binding, provided the property owners are not thereby called upon to pay any greater amount of money nor to make any earlier payment than was required under the law in force at the time of beginning the improvement.</p> <p>Where the contract for a street improvement was let and the work partly done before the adoption of a new city charter, which changed the method of assessment, such repeal would not affect the right of the city to enforce its equitable right to reimbursement by the property owner for the obligations incurred by the city under its contract for such improvement. (Wilson-v. Beattie, 2 Wash. 543, distinguished.)</p> <p>Proceedings for a street improvement are not void because the ordinance provides for grading the street from the Seattle, Lake Shore & Eastern Railway to the south line of Buckeye street, and the assessment roll describes the work as done from the Union Pacific Railway to the Fair Grounds, when it is shown that such boundary lines are in fact identical.</p> <p>Where an ordinance provides that a certain street be “graded,” it is sufficient to authorize improvements consisting of “grading, grubbing, guttering and curbing ” the street.</p>