Hays v. Hill

Citations

• 23 Wash. 730
• 63 P. 576
• 1901 Wash. LEXIS 476

Syllabus

<p>TIDE LANDS-EXCAVATION OF WATER WATS-RIGHTS OF CONTRACTOR.</p> <p>Tbe act' of March 9, 1893 (Laws 1893, p. 241) relative to the excavation of waterways by private contract through the tide and shore lands of the state and providing liens for the benefit of the contractor on such lands as he shall fill in and raise above high tide, does not contemplate that the state shall retain all its tide lands until the completion of the contract of filling same, but the state retains the power of disposition of all such lands, and there is reserved to the contractor merely a lien upon the lands filled in under his contract.</p> <p>SAME — INJUNCTION—SUFFICIENCY OF COMPLAINT.</p> <p>In an action by one holding a contract from the state authorizing him 10 excavate a water way and fill in adjacent tide lands, seeking to enjoin defendants from excavating a water way through a portion of such lands that might fall within the scope of his contract, the complaint does not state a cause of action when there is no allegation therein showing that defendants were trespassers and were proceeding without any authority from the state, which, under the statute, was still empowered with the right of disposition of such lands, although having contracted with plaintiff to give him a lien thereon for filling in.</p> <p>SAME — DAMAGES.</p> <p>Where, under plaintiff’s contract with the state for the excavation of a water way and the filling in of tide lands, the commissioner of public lands was empowered to modify the plans adopted for bulkhead and retaining walls, and work had been suspended for several years under notification from the commissioner that he proposed to require a new style of bulkhead, and there is no allegation in the complaint that plaintiff has ever requested, or has taken any steps to compel, the commissioner to furnish the new style of bulkhead, and there is nothing to show that the suspended work under the contract will ever be resumed, the interest of plaintiff appears too