Felker v. City of New Whatcom

Citations

• 16 Wash. 178
• 47 P. 505
• 1896 Wash. LEXIS 31

Syllabus

<p>STREET IMPROVEMENTS—NOTICE—COLLECTION OF ASSESSMENTS—NAM!E OF OWNER—TAX DEEDS.</p> <p>Where due notice of intention to improve a certain extent of street is given, the property owner cannot complain of want of notice by reason of the fact that subsequently another notice is published covering an improvement for which the former notice was given and a continuation of such improvement, although the subsequent publication may not afford notice for such length of time as the law requires.</p> <p>Under a city charter, which required a survey, diagram and estimate of proposed street improvements to be filed in the office of the city clerk, a notice to property owners referring to such information on file is sufficient without setting out the materials to be used or the character of the work proposed.</p> <p>Where a city charter does not require the completion of a street improvement before the collection of assessments therefor, the property owners may be compelled to pay such assessments, although the work may have never been completed, owing to the exhaustion of the estimate made by the engineer.</p> <p>The fact that a lot assessed for a street improvement was listed in the name of “ S. D. Henning” instead of S. W. Herring, will not defeat the title of a purchaser of the lot at a sale ordered for the collection of the assessment, when the property assessed was properly described.</p> <p>Under the law in force in 1884, tax deeds for the sale of land for street improvement assessments properly ran in the name of the territory, and not of the city, as grantor.</p>