Davison v. City of Walla Walla

Citations

• 52 Wash. 453
• 100 P. 981
• 1909 Wash. LEXIS 1138

Syllabus

<p>Municipal Corporations — Ordinances—Pleading—Reply—Issue Raised. Where an answer alleges that a city ordinance was duly passed, a denial in the reply merely questioning the power of the city to pass the ordinance, does not put in issue the regularity of the preliminary steps leading up to its passage.</p> <p>Same — Police Power — Fire Limits. A city may enforce provisions- respecting fire limits under its police power without resorting to judicial proceedings.</p> <p>Same — Provisions oe Charter — Validity of Fire Limits — Ordinance — Repair of Damaged Building. Under a charter provision authorizing a city to prohibit, within fire limits, the erection of any wooden building or addition, and to provide for their removal if erected contrary to such provision, the city council has power to pass an ordinance creating fire limits and prohibiting the repair of any wooden building therein that had been damaged by fire to the extent of 30 per cent of its value.</p> <p>Same — Construction of Ordinance — Superstructure as Building. Damage by fire to the “extent of thirty per cent of the value” of a wooden building which rested on a concrete foundation, within the meaning of a fire limits ordinance, has reference to thirty per cent of the value of the superstructure, exclusive of the foundation, where the regulations as to fire limits authorized the construction of buildings the outer walls of which were made of brick and mortar and iron, or stone and mortar; since the foundation was within the requirements.</p>