In re Leary Avenue

Citations

• 77 Wash. 399
• 138 P. 8
• 1914 Wash. LEXIS 913

Syllabus

<p>Municipal Corporations — Improvements — Assessments — Benepits — Apportionment—Appeal—Review op Assessment. Where, in providing for an improvement to he paid for by special assessment upon property specially benefited, tbe council provided that any part of tbe costs not properly assessed against benefited property shall be paid for from tbe general fund, tbe superior court on appeal from tbe assessment, has power to apportion tbe costs between tbe city and property owners, and is not bound by tbe apportionment of tbe eminent domain commission.</p> <p>Same — Appeal—Review—Presumptions. Upon an appeal from a judgment modifying an assessment by eminent domain commissioners, any presumption would be in favor of tbe judgment.</p>