Philadelphia Mortgage & Trust Co. v. City of New Whatcom

Citations

• 19 Wash. 225
• 52 P. 1063

Syllabus

<p>MUNICIPAL CORPORATIONS —STREET IMPROVEMENTS — RE-ASSESSMENTS -INTEREST — MANDAMUS.</p> <p>In making a re-assessment to cover the cost of a street improvement, the original assessment for which had been declared void, the city should, under Laws 1893, p. 229, § 6 (Bal. Code, § 1144), include in such new assessment the accrued interest upon the sums due for making such improvement.</p> <p>The failure of a city in making a re-assessment to provide a special fund to pay for a street improvement, to include accrued Interest therein, will render the city liable for the amount of such interest, although the creditor against such fund may have taken no action to have the city include such interest in the reassessment proceedings.</p> <p>Where a city has provided a special fund by re-assessment proceedings to pay for the cost of a street improvement, owing to the invalidity of the original assessment, and make such reassessment cover only the actual cost of the improvement without the accrued interest, mandamus will lie to compel the city to apply moneys in such special fund to the payment of the oldest outstanding warrant together with the accrued interest thereon, even though the fund will be exhausted thereby to the exclusion of some of the outstanding warrants.</p>