Northern Pacific Railway Co. v. Walla Walla County

Citations

• 116 Wash. 684
• 200 P. 585
• 1921 Wash. LEXIS 1005

Syllabus

<p>Waters (92)—Irrigation Districts—Assessments—Benefits to Property—Statutes. The inclusion of land within the boundaries of an irrigation district does not necessarily mean that it is capable of receiving benefit from the district’s irrigating system, and thus liable to contribute to the maintenance of the system.</p> <p>Same (92). Land included in an irrigation district which is incapable of irrigation and cultivation would not be subject to maintenance charges, in view of Rem. Code, § 6433, providing that assessments therefor “shall be made in proportion with the benefits accruing to the lands assessed,” and Id., § 6452, providing that such charges may be collected “from all persons using said canal for irrigation and other purposes.”</p> <p>Same (92)—Recovery of Assessment—Fraud—Complaint—Sufficiency. In an action to recover money paid on an assessment for maintenance of an irrigation system which was illegally exacted from plaintiff, the complaint would not be demurrable for failure to allege fraud or wilful misconduct on the part of the directors of the district, since the allegations of the complaint sufficiently show legal fraud when they set up that the plaintiff’s land had been charged with an assessment when it was not in fact benefited by the maintenance of the irrigation system.</p>