Ferry v. City of Tacoma

Citations

• 34 Wash. 652
• 76 P. 277
• 1904 Wash. LEXIS 398

Syllabus

<p>Municipal Corporations — Assessments for Local Improvements — Restriction to Fifty Per Cent of Assessed Value — Construction of Charter Provisions. The provision in the city charter and ordinances of Tacoma, p. 77, § 137, that no local improvement shall be made when the estimated cost thereof shall exceed fifty per cent of the assessed value of the property to be assessed, refers to the total assessed value of the property in the district as assessed for general taxation, and does not invalidate an assessment against particular lots because in excess of fifty per cent of the assessed valuation of such lots; since there is no preliminary provision for an appraisement of values, and the other provisions of the charter show that the estimated cost and the assessed value referred to are known and considered before the amount charged against any particular lot could be ascertained; and since the charge for local improvements is not based on said-assigned value, but upon the accruing benefits to the particular lots.</p> <p>Same — Estoppel of Property Owners — Objections to be Made Before City Council. Where property owners fail after notice to appear before the city council and object to local assessments, they are estopped to question the regularity of the assessment, if the total cost of the improvement was within the fifty per cent value of all the property to be assessed.</p>