Northern Pacific Railway Co. v. City of Raymond

Citations

• 75 Wash. 322
• 134 P. 1047
• 1913 Wash. LEXIS 1716

Syllabus

<p>Municipal Coepohations — Public Improvements — Assessments—■ Property Liable — Deductions—Previous Similar Improvements. Where part of a railroad right of way, included in a district of lowlands to be filled, had been partially filled by earth largely taken from the adjacent portion of the right of way, also included within the district, the company is not entitled to a deduction on account of such fill; even assuming that an equitable deduction “must” be made, under Rem. & Bal. Code, § 7972, providing that lands already filled “may” be excluded from the district when “justice and equity require,” or under Id., § 7975, providing that where land is partially filled, an equitable deduction for such partial filling “may” be allowed; since the partial fill made by the company did not reduce the number of cubic yards required to make the improvement, and was not a benefit to the district, entitling the company to any reduction as a matter of equity.</p>