Freeman v. City of Centralia

Citations

• 67 Wash. 142
• 120 P. 886
• 1912 Wash. LEXIS 1136

Syllabus

<p>Municipal Corporations — Streets — Vacation — Damages. The vacation of a street will not be enjoined at the suit of citizens whose property does not abut on the vacated portion and access is not cut off, or who do not sustain special physical damage different in kind rather than in degree from that suffered by the public.</p> <p>Same. Mere inconvenience from the vacation of a street, where access to property is preserved over other streets, is not a taking of or damage to property not abutting on the vacated portion of the street.</p> <p>Same — Vacation—Control by Courts. The fact that vacated streets may be put to private uses, and that the vacation was instigated by private interests affected does not warrant interference with the city council’s action in vacating the streets; the courts not inquiring into the motive for legislative action.</p> <p>Pleading — Demurrer—Legal Conclusions. A demurrer does not admit facts that may be inferred from a legal conclusion.</p>