Gantenbein v. City of Pasco

Citations

• 71 Wash. 635
• 129 P. 374
• 1913 Wash. LEXIS 1379

Syllabus

<p>Municipal Corporations — Public Improvements — Proceedings— Review — Contracts—Validity—Jurisdiction of Courts — Equity-Injunction. The fact that the statute provides for objections to proceedings before a city council to provide for public improvements under the special assessment plan, with the right of appeal to the courts, does not deprive a court of equity of jurisdiction to determine, in an injunction suit, whether the city council had power to enter into a contract under its proceedings for such an improvement.</p> <p>Same — Contracts — Validity — Interest of Councilmen. Under Rem. & Bal. Code, § 7702, providing that no officer of any city shall be interested directly or indirectly in any contract with such city, a contract between a city and a reclamation company for a public water supply is void, where the contract provided that the water company should supply to landowners in a reclamation district outside the city an extra six inches of water per acre, free of charge, and three of the councilmen whose votes were necessary to authorize the contract were among such landowners and were benefited by the contract; since it was impossible to segregate their interests and leave the contract unimpaired.</p> <p>Same — Contracts—Validity—Public Policy. Where a reclamation company had agreed to supply water to subscribers who were owners of property in a reclamation district outside of a city, which agreed supply was inadequate to properly irrigate the land, a contract between the city and the reclamation company for a public water supply for the city, in which the reclamation company agreed to furnish an extra six inches of water per acre to such subscribers, free of charge, is against public policy and void; since the city would be paying for the free water furnished to landowners outside the city.</p> <p>Same — Contracts—Lowest Bidder — Fraud. In the absence of a showing of fraud, a contract for public improvements cannot be attacked because not let to the low