Martin v. City of Olympia

Citations

• 69 Wash. 28
• 124 P. 214
• 1912 Wash. LEXIS 839

Syllabus

<p>Municipal Corporations — Improvements —Public Purposes— Proceedings—Ordinance. An ordinance for a local improvement by filling tide lands is not invalid 'by reason of a recital that one of its purposes was for the “general improvement of the property,” where it also appears that it was necessary to the public health, sanitation and general welfare, within Rem. & Bal. Code, § 7971.</p> <p>Same—Assessments—Districts—Lands Assessable. Rem. & Bal. Code, § 7971 et seq., for the filling of tide and swamp lands by cities, authorizes the assessment of property benefited thereby situated within the assessment district, although it was not part of the land filled in.</p> <p>Same—Assessment—Conclusiveness—Action to Set Aside— Complaint—Sufficiency. Under Rem. & Bal. Code, §§ 7976, 7977, giving the right of appeal from a city assessment for filling tide and swamp lands to any person filing objections before the city council, sitting as a board of equalization, the action of the city council is final as to all persons not objecting, in the absence of fraud or arbitrary action; hence a complaint to set aside an assessment by one who made no objections is insufficient where it alleges merely that the property was not benefited, without alleging any irregularity or any facts showing capricious or arbitrary action.</p> <p>Same—Assessment—Notice—Presumptions. In an action to set aside a local assessment, the fact that the plaintiff had no notice of the assessment in time to object before the city council is immaterial, if the statutory notice was given, which will be presumed in the absence of allegations to the contrary.</p> <p>Pleading—Complaint—Conclusions. In an action to set aside a local assessment, allegations in the complaint that plaintiff’s property was taken without due process of law, or any authority and that the assessment was for a private use, and contrary to law, are mere conclusions of law presenting no issuable facts.</p>