Inner-Circle Property Co. v. City of Seattle

Citations

• 69 Wash. 508
• 125 P. 970
• 1912 Wash. LEXIS 939

Syllabus

<p>Municipal Corporations—Improvements—Assessments—Exceed-ins Estimates—Effect. The fact that the actual cost of an improvement exceeds the original estimate does not affect the power of the city council to levy an assessment upon property to the extent of benefits received, within the limit allowed by law, where the estimate required by the charter was made by the board of public works to enable the council to act advisedly in ordering an improvement within the fifty per cent limit of the assessed valuations, and no notice to the property owners or hearing upon the amount of the estimate was required or given.</p> <p>Same—Reassessments—Whin Authorized—Deficiency. A reassessment to make up a deficiency is authorized where the city council cancelled the original assessment against property which had been adjudged to be damaged and therefore not assessable.</p> <p>Same — Reassessments — Confirmation — Effect — Burden of Proof on Appeal. Where a city council has made a reassessment and the same has been confirmed, upon appeal to the superior court the burden is upon the appellants to show want of authority on the part of the council to make the reassessment, in view of Rem. & Bal. Code, § 7898, which provides that the decision of the city council on confirmation shall be a final determination of the regularity and validity of the reassessment; the presumption being that the council had authority to make the reassessment by reason of a deficiency in, or the invalidity of, the original assessment.</p> <p>Same—Property Subject to Assessment. Property found by the jury to be damaged by an improvement is not subject to an assessment for benefits.</p> <p>Same—Reassessments—Apportionment. Upon a reassessment, the question of the benefits and the apportionment thereof is an original question in no way controlled by the original assessment.</p> <p>Same—Reassessments—Assessment op Exempt Property. The fact that property which is exempt because not benefited was included in the o