McEwan v. City of Spokane

Citations

• 16 Wash. 212
• 47 P. 433
• 1896 Wash. LEXIS 36

Syllabus

<p>STREET IMPROVEMENTS — FAILURE TO LEVY ASSESSMENTS — LIABILITY OF CITY.</p> <p>Where the law governing the making of street improvements by cities, and a contract thereunder, provide that the special tax or assessment for meeting the expense of such improvement shall be levied and collected without delay and in the shortest time possible, the failure of the city to proceed with the collection of assessments until barred by the statute of limitations, in the matter of enforcing such assessments, will render the city primarily liable for expense of the improvements, even if the delay was due to a mistake as to the law, in which both the city and the contractors shared. (Hoyt, C. J., dissents.)</p>