McNamee v. City of Tacoma

Citations

• 24 Wash. 591
• 64 P. 791
• 1901 Wash. LEXIS 576

Syllabus

<p>STREET IMPROVEMENTS —■ REASSESSMENT OBJECTIONS ESTOPPEL.</p> <p>Where a city council has regularly reassessed abutting property for street improvements, and has given notice to property owners to file objections to such assessment, within a certain time, as required by statute, an owner who fails to so object cannot afterwards dispute the validity of the assessment in an action to remove the cloud on his title created by a sale of the property upon foreclosure of the assessment lien.</p> <p>SAME- — CONSTITUTIONALITY OE STATUTE.</p> <p>Laws 1893, p. 226, providing for the re-assessment of property “with reference to the benefits received,” where the original assessment for street improvement has been declared invalid, complies with the doctrine that assessments for public improvements must be tested by the benefits conferred, and hence is not unconstitutional on the ground of authorizing the taking, under the guise of taxation, of private property for public use without compensation.</p>