City of Tacoma v. Bridges

Citations

• 25 Wash. 221
• 65 P. 186
• 1901 Wash. LEXIS 382

Syllabus

<p>INJUNCTION-ILLEGAL EXERCISE OF POWERS BY STATE OFFICERS-RIGHT OF TAXPAYER TO RESTRAIN.</p> <p>A taxpayer and citizen suing in a private capacity cannot maintain a suit to enjoin a state officer from committing a breach of his public duty, without showing that he will suffer an injury thereby differing in kind from that suffered by the public at large.</p> <p>SAME-REMOTE INJURY.</p> <p>A complaint in an action by a municipality and one of its citizens to enjoin a state officer does not state facts sufficient to constitute a cause of action when it alleges, in substance, that defendant, in excess of his powers, threatens to lease certain of the public lands of the state, and that the lessees thereof will commit a nuisance on the leased lands which will operate injuriously to the health of the individual plaintiff and to the health of the inhabitants of the municipality, since the threatened injury is too remote to authorize the interference of a court of equity.</p>