La Franchi v. City of Seattle

Citations

• 78 Wash. 158
• 138 P. 659
• 1914 Wash. LEXIS 992

Syllabus

<p>Municipal- Corporations— Improvements — Petitions — Sisners. The provision in art 8, § 11, subd. 2, of Seattle Charter, that the petition of property owners for an improvement may be signed by an executor if property stands in the name of the estate, is applicable to the subsequent provisions of the same section authorizing an assessment in excess of fifty per cent of the value of the property, where the petition is signed by three-fourths of the property owners.</p> <p>Same — Petitions—Signers—Husband and Wife. Where a city charter provides for a petition for an improvement to be signed by property owners, according to the transfer books in the office of the county auditor, the husband alone may sign the petition as the owner of community property which stands in his name on the transfer books.</p> <p>Same — Signers—Executors. Where a city charter authorizes a property owner’s petition for an improvement to be signed by an executor of an estate, the estate is bound by his signature.</p> <p>Same — Improvements—Limitations—Plans. Where a petition and ordinance for an improvement specified that the street mentioned was to be improved by grading and constructing a plank trestle, in accordance with plans to be prepared by the city engineer, plans cannot be made to materially extend the nature of the improvement; and where the total assessment was $56,312, the inclusion of $8,400, for the construction of approaches at various streets, is a material change not authorized by the petition; and an item for the construction of sidewalks is, also, not reasonably incidental to the grading of the street.</p> <p>Same — Improvements—Assessments—Benefits. Benefits that a particular piece of property may receive from an improvement are not measured alone by the physical character or cost of the work in front of the property; the question being to what extent it is benefited and whether it is assessed proportionately with other property.</p>