Fogg v. Town of Hoquiam

Citations

• 23 Wash. 340
• 63 P. 234
• 1900 Wash. LEXIS 364

Syllabus

<p>JUDGMENT-EES JUDICATA.</p> <p>A judgment in an action to enjoin and annul an assessment for a street improvement cannot be treated as res judicata upon tbe question of tbe invalidity of tbe assessment by reason of tbe town’s having passed tbe constitutional limit, of indebtedness, in a subsequent action between tbe same parties wbieb seeks to enjoin a reassessment upon plaintiff’s, property on account of tbe same improvement, when there is; no allegation in tbe pleadings in tbe original action that the-town rendered itself liable by contract for any portion of tbe cost of tbe local improvement, nor any allusion made by the-court in its findings and decree as to tbe question of debt limitation.</p> <p>STEEET IMPEOVEMENTS — INVADID ASSESSMENT-EEASSESSMENT.</p> <p>Where an assessment for a street improvement has been declared by tbe courts invalid and a reassessment against, the? property benefited has been made under Laws 1893, p. 226, the reassessment must be held valid when it appears that it was made with reference to the benefits received by the property affected, that the property was equitably and proportionately assessed, and that the sum assessed against any particular parcel of land does not exceed the benefits received by such property from the public improvement.</p> <p>SAME — ENFORCEMENT OF COLLECTIONS-LIMITATIONS.</p> <p>The statute of limitations begins to run against assessments for public improvements only from the time a valid assessment is made, and, where the original assessment has been adjudicated invalid, a cause of action does not accrue until the levy of a valid reassessment.</p>