Kaufman v. McMillan

Citations

• 103 Wash. 690
• 175 P. 309
• 1918 Wash. LEXIS 1133

Syllabus

<p>Highways — Establishment—Petition—Signers — Sufficiency— Statutes. There is no constitutional objection against the initiation of a permanent highway improvement by a petition signed by the owners of two-thirds of the lineal feet of the lands fronting upon the highway, as authorized by Bern. Code, § 5879-2, and it is not necessary that the petition be signed by two-thirds of the owners of the property to be included within the assessment district.</p> <p>Same — Assessment—Methods—Benefits—Zone System. An assessment of lands not shown to be in excess of the benefits received, is not ipso facto invalid because made, by area or by a zone system, under Rem. Code, § 5879-10 fixing three zones on each side of a permanent highway improvement, and specifying the proportion each shall bear of the cost assessed to the property in the district, and providing that each tract or parcel of land in any zone shall be assessed according to the relation of the area thereof to the total area within the zone.</p> <p>Same- — Assessment — Benefits — Failure to Object. Property owners who did not avail themselves of the opportunity to be heard upon the question of benefits from a permanent highway, assessed under Rem. Code, §5879-1 et seq., and whose lands were not assessed in excess of benefits, cannot maintain an action to enjoin assessment upon the ground that the scope of the hearing on the assessment roll was unduly limited by the statute.</p>