In re Boyer Avenue

Citations

• 79 Wash. 664
• 141 P. 58
• 1914 Wash. LEXIS 1249

Syllabus

<p>Municipal Corporations — Assessments—Districts — Benefits— Apportionment — Appeal—Review. The action of eminent domain commissioners in fixing the limits of an improvement district and in apportioning the cost according to benefits and 'determining what part of the cost shall be borne by the city will not be disturbed on appeal unless they acted arbitrarily or upon a fundamentally wrong basis.</p> <p>Same — Assessments—Apportionment of Costs — General Benefits to City — Evidence—Sufficiency. Where the city did not determine what part of the cost of an improvement should be borne by the city, but left the question to the eminent domain commissioners, the cost of an arterial street, which was made seventy-five feet wide to accommodate the travel between the large sections of the city, when a street of the usual width, sixty-six feet, would have conferred upon abutting property every local benefit possible, according to the testimony of all the witnesses, the cost of condemning the additional nine feet required for the street as an arterial highway should be apportioned to the city; and in failing to charge any part of the cost against the city, the eminent domain commissioners proceeded upon a fundamentally wrong basis.</p>