Ferry v. City of Seattle

Citations

• 116 Wash. 648
• 200 P. 336
• 1921 Wash. LEXIS 988

Syllabus

<p>Injunction (30)—Proceedings op City Council—Validity op Ordinance—Review. Where a city council acts in good faith upon a matter within the scopey of its authority, its exercise of discretion will not be controlled by injunction by a court of equity, in the absence of fraud.</p> <p>Municipal Corporations (398)—Injunction (30)—Parks— Uses—Diversion—Construction of Reservoir. Where a city acquired land in fee simple by purchase, without any restriction on its use, which it devoted to park and reservoir purposes, its threatened use of á portion of the park land for increased reservoir purposes is not subject to restraint by a court of equity.</p> <p>Same (398)—Parks—Charter Provisions—Authority of Council—Legislative Powers. The city charter of Seattle, yrhich creates a board of park commissioners, does not confer on such board power to control the disposition to be made of such property, but confers merely administrative powers, the legislative power over city property being vested in the city council.</p> <p>Nuisance (2,18)—What Constitutes—Actions for Abatement— Evidence. An objection to the construction of a city reservoir to store water for domestic use on the theory that the drainage from a neighboring cemetery would contaminate the water was not sustained where the evidence showed that, by reason of the contour of the land, the drainage would be away from the reservoir, and further that the pressure of water would cause the reservoir water itself to leak out, and naturally, even if there were drainage from the cemetery, it could not leak in.</p> <p>Same (2, 5)—Actions for Abatement. In an action to enjoin the construction of a city reservoir on the ground that it would obstruct the free use of the residential property of plaintiffs and interfere with their comfortable enjoyment of life and property, thus constituting a nuisance within the terms of Rem. Code, §§ 943, 944, held, that the evidence was insufficient to support the complaint (Overruled on rehearing)