Ponischil v. Hoquiam Sash & Door Co.

Citations

• 41 Wash. 303
• 83 P. 316
• 1906 Wash. LEXIS 958

Syllabus

<p>Municipal 'Corporations — Vacation op Streets — Petition—Sufficiency. Under Laws 1901, p. 175, a petition for the vacation of a portion of a street is sufficient if signed by the owners of two-thirds of the lots abutting on the portion sought to he vacated.</p> <p>Constitutional Law — Delegation of Legislative Power — Vacation of Streets. The vacation of streets is a legislative function which may he delegated by the legislature to municipal corporations.</p> <p>Municipal Corporations — Streets—Vacation—Power of Courts to Review. The vacation of streets is an exercise of a legislative or political function that will he reviewed by the courts for collusion or fraud only.</p> <p>Same — Collusion—Benefit to Petitionee. The fact that the vacation of a street is for the benefit of the petitioner does not show such fraud or abuse of discretion, as to authorize a court of equity to interfere.</p> <p>Same — Damages—To Lot Not Abutting on Portion Vacated — ■ Special Injury — Showing—Sufficiency. The owner of city lots at the entrance of a cul de sac formed by the vacation of a portion of a street, is not entitled to damages for the vacation, unless special damages are sustained different in character from that suffered by the public at large.</p> <p>Same — Damages—Evidence. The owner of property does not appear to he specially damaged by the vacation of a portion of a street, forming a cul de sae in the vicinity, where the street had never been opened for travel, the business portion of the city was in the opposite direction, and the value of his property was not lessened.</p>