In re Local Improvement Assessments

Citations

• 118 Wash. 464
• 203 P. 988
• 1922 Wash. LEXIS 680

Syllabus

<p>Municipal Corporations (258, 260) — Improvements—Assessments — Time por Piling Objections — Hearings. Under Rem. Code, § 7892-21, providing that property holders desiring to object to assessments for sewer construction by a municipality shall file their objections in writing with the clerk thereof prior to the date fixed for hearing by the council, such objections not filed prior to the date set for hearing are nevertheless timely made where the original hearing is adjourned to a later date, and the objections are filed prior to the adjourned hearing.</p> <p>Same (260) — Improvements—Assessments—Objections. Objections to an assessment for the construction of trunk and lateral sewers filed with a town council, though containing many things foreign to the inquiry on appeal before the superior court, were sufficient where they raised objections that the assessments were not levied according to special benefits, that they amounted to confiscation of property, and were unreasonable, oppressive, arbitrary and made upon a fundamentally wrong basis.</p> <p>Same (267-3) — Improvements—Assessments—Arbitrary Action. Under Rem. Code, §§ 7892-13, 7892-15, providing that assessments for trunk sewers under the zone system shall he distributed over all the property between the terminus of a trunk sewer to the middle of the block in an amount representing the reasonable cost of a local sewer, and the balance of the total cost shall be distributed over all the property within the entire district in accordance with special benefits and in proportion to area, an assessment was made arbitrarily and on a fundamentally wrong basis where two assessments were made against the same property on account of the sewer being laid on two sides, unplatted average was omitted, and agricultural property in the outskirts was assessed at the same rate as business property.</p> <p>Same (267-3) — Improvements—Assessments—Boundaries op District — Review. Though a local improvement diffuses benefits gen