In re Empire Way

Citations

• 100 Wash. 636
• 171 P. 1010

Syllabus

<p>Municipal Corporations—Public Improvements—Assessments— Review—Reduction. Under Rem. Code, § 7795, making it the duty of the court, upon appeal from an assessment, to inquire into and enter judgment as to the amount of the benefits, and § 7796, giving the court authority to modify, alter, change or annul or confirm any assessment, the extent of the benefits is a question of fact to be determined by the court from the weight of the evidence, upon which the opinions of persons having knowledge of the situation is competent evidence; and assessments made contrary thereto may be changed as arbitrary.</p> <p>Same. Where a city decided to make an improvement at the, expense of the property benefited, and the court cut down the benefits so that the assessments will be insufficient to pay the costs, the city is not compelled to proceed and assess the deficiency against the city, but may abandon the project.</p> <p>Same. Upon reducing assessments on appeal, the court has power to reduce the assessments on the property of non-objecting property owners. ■</p>