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· 4/7/1913

In re Leary Avenue, Seattle

Citations

  • 72 Wash. 617
  • 131 P. 225
  • 1913 Wash. LEXIS 1526

Syllabus

<p>Municipal Cobpoeations — Public Impbovements — Initiating Ordinance — Amendment—Vested Rights. Property owners have no such vested interest in the proceedings initiating a public improvement that the .city could not amend the initiatory ordinance prescribing the special assessment district, so as to provide that the district shall be determined by the eminent domain commissioners, according to law, where there is no statute giving the property owners the right to protest against such improvement or to be represented by counsel in the initiatory condemnation proceedings, and the ordinance was amended prior to the notice of the assessment required by law to be given the property owners, who are then given an opportunity to make any objection to the assessment roll.</p> <p>Same — Preliminary Ordinance — Amendment—Validity. An amendment of a specified section of an ordinance initiating a public improvement is not invalid by reason of the fact that such section had been previously repealed, where there was no doubt of its purpose to make the amendment a part of the original law; since an ordinance may be amended by adding a new section, which was the effect of the amendment.</p>

Judges: Fullerton

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