Martenis v. City of Tacoma

Citations

• 66 Wash. 92
• 118 P. 882
• 1911 Wash. LEXIS 1018

Syllabus

<p>Municipal Corporations — Assessments — Benefits — Award of Compensation as Bar to Subsequent Assessment. Laws 1907, p. 321, § 15, providing that for improvements to be paid by special assessment upon property benefited, the compensation found by the jury shall be irrespective of any benefit from the improvement, does not require a. city, on condemning land for opening a street, to include the improvement of the street or the establishment of a grade; hence the award of damages for compensation for merely opening a street does not bar an assessment for benefits in a subsequent proceeding to grade and plank the street.</p> <p>Same — Proceedings—Issues. Under a proceeding to condemn land for the opening of a street pursuant to an ordinance which did not provide for an established grade or any improvement of the street, an award of damages precluding any. assessment for benefits on account of the condemnation, does not bar an assessment for benefits in a subsequent proceeding to establish a grade and improve and plank the street; notwithstanding that the city attorney in the first proceeding went beyond the issues in propounding questions to the jury, who were instructed to award damages that will be sustained by the “construction of the proposed road,” there having been no evidence thereon or on the question of damages by reason of any improvement of the roadway.</p>