Giles v. City of Olympia

Citations

• 115 Wash. 428
• 197 P. 631
• 16 A.L.R. 493
• 1921 Wash. LEXIS 762

Syllabus

<p>Municipal Corporations (219)—Local Improvements—Assessments—Agreements with City. Where landowners had dedicated land to a city for highway purposes under a contract that their abutting land should be free from assessment for the improvement of the street, their failure to appear before the city council at the time fixed in the initiatory resolution to protest against the proposed improvement of the street, to which they were not objecting, would not estop them from later objecting to the assessments imposed upon their property.</p> <p>Same (219). The objection that there was no consideration for a contract freeing plaintiffs’ lands from assessments for grading and graveling a street for which they dedicated land, because of the fact that the public had already acquired a right of way thereover by prescription, was without merit in view of the fact that the right of way was hardly more than a trail, and the contract secured to the city a roadway of specific width and definitely located, with a right to cut into the side hills on plaintiffs’ premises exempt from any liability for damages from excavating and embanking thereon.</p> <p>Dedication (12)—-Statutory Dedication—Recording. The neglect of the city to record a dedicatory plat to itself could not be set up by the city to defeat compliance with contract terms upon which the dedication had been made.</p> <p>Municipal Corporations (352)—Streets—Consideration eor Purchase—“Grading and Graveling”. Under Laws 1889-90, pp. 183, 189, §§ 117, 125, a city of the third class had power to acquire the necessary right of way for streets by the purchase thereof and to make all necessary contracts in regard thereto.</p> <p>Municipal Corporations (351)—Streets—Conditions in Dedication—Rights oe Municipality. A dedication of land to a city, limited upon a condition that the expense of improving the land as a street shall not he borne by the abutting land of the dedicators is a reasonable one, and the condition was enforceable