City of Spokane v. Preston

Citations

• 46 Wash. 98
• 89 P. 406
• 1907 Wash. LEXIS 568

Syllabus

<p>Municipal Corporations — Special Assessments — Objections— Waiver — -Jurisdiction-—Amount—Sewers. An objection to an assessment for the construction of a sewer in that the petition of property owners therefor was confined to a main sewei’, while the assessment was extended to include, also, the costs of lateral sewei’s thei’eaftér l’eeommended by the board of public works and authorized by the city council, must be made before the city council and cannot be first raised in an action to foreclose the assessment; inasmuch as jurisdiction to levy an assessment was conferred by the petition, and the objection reaches only the amount of the assessment; especially where the improvement was authorized by a two-thirds vote of the -city council, and under the charter a petition by property owners was not essential to jurisdiction in such a case.</p> <p>Same. An objection to a local assessment that property benefited was omitted from the assessment reaches only the amount assessed against other property, and must be first raised before the city council.</p>