City of Spokane v. Curtiss

Citations

• 66 Wash. 555
• 120 P. 70
• 1912 Wash. LEXIS 804

Syllabus

<p>Municipal Corporations — Impbovements — Assessments—Benefits. A city cannot be generally assessed for a public improvement unless it is specially benefited, nor merely because it was negligent in improving a street for tbe benefit of a street railway company without exacting an agreement from tbe company to contribute to tbe expense.</p> <p>Same — Power to Assess City. Under an ordinance for tbe improvement of a street the cost and expense to be paid “wholly by special assessment upon the property to be benefited,” the eminent domain commissioners have no power to assess tbe city generally for a portion of tbe expense, in view of Rem. & Bal. Code, § 7785, conferring upon tbe city council tbe power to determine whether tbe cost should be made wholly by special assessment upon property benefited, or partly from tbe general fund of tbe city, and § 7790, authorizing tbe city council to fix an assessment district which “shall be conclusive and binding” on tbe commissioners.</p> <p>Same — Assessments — Review — Confirmation. Upon confirmation of an assessment roll for a public improvement in a special district, tbe court must keep within tbe issues raised by tbe objections, and cannot direct a change in the district unless it is challenged by a property owner therein.</p> <p>Same — Assessment—Stbeet Railway Feanchise. The franchise of a street railway is not assessable for benefits from a public improvement from the fact that the company was benefited thereby.</p> <p>Same — Assessments—Benefits. Street improvements benefiting a street railway by enabling it to lay double tracks and reduce its curves are a benefit to the property in the district accessible thereto, although a part of the property in the district fronts upon another street car line; such fact going to the amount and not to the fact of the benefits.</p>