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· 11/16/1909

Coats Shingle Co. v. City of Hoquiam

Citations

  • 55 Wash. 690
  • 105 P. 141
  • 1909 Wash. LEXIS 823

Syllabus

<p>Municipal Corporations — Improvements—Assessments — Action to Enjoin — Complaint—Definiteness. In an action by owners of property abutting on a street, to enjoin an assessment thereof for street improvements, attacking the proceedings as a whole and not any particular lien on specific property, the allegation as to plaintiff’s property need only be sufficiently definite to show their interest, and it is not error to refuse to require the complaint to set out a specific description.</p> <p>Same — Complaint—Sufficiency—Opportunity to be Heard. A complaint to enjoin an assessment for a street improvement in a city of the second class states a cause of action where it is alleged that the city is proceeding to make the assessment without giving the plaintiff property owners notice or opportunity for a hearing upon the equalization of the assessments, as required by Laws 1907, p. 623, § 40, and that the city has included large sums not a part of the cost of the improvement and not properly chargeable to the property benefited, without an opportunity to be heard.</p>

Judges: Fullerton

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