Frederick v. City of Seattle

Citations

• 13 Wash. 428
• 43 P. 364
• 1896 Wash. LEXIS 64

Syllabus

<p>MUNICIPAL CORPORATIONS—PUBLIC IMPROVEMENTS — REASSESSMENT AFTER VOln ASSESSMENT — EFFECT OF CURATIVE ACT OF LEGISLATURE — CERTIORARI — PROPER PARTIES.</p> <p>Under Laws 1893, p. 226, providing for reassessment for local improvements by cities and towns where the assessment made had been declared to he invalid, a municipal corporation is vested with power to make a new assessment, although the original assessment was void for want of compliance with certain jurisdictional requirements prescribed by its charter, and it is not essential to the validity of the reassessment that such jurisdictional prerequisite should he complied with.</p> <p>Where the original assessment levied by a city for the cost of making a local improvement has been declared void for want of compliance with a jurisdictional requirement of prior petition by property owners, the legislature may, in providing for a reassessment, dispense with such requirement, since it had power in the first instance to provide that the work should he done and the assessment made without such requirement.</p> <p>In certiorari proceedings for the review of an assessment of the cost of a local improvement, the city is a proper party in interest, no matter what its ultimate responsibility may he, since it is primarily responsible for the collection of the assessment</p>