Potter v. City of Whatcom

Citations

• 25 Wash. 207
• 65 P. 197
• 1901 Wash. LEXIS 379

Syllabus

<p>MUNICIPAL CORPORATIONS-STREET IMPROVEMENT'S-PAYARLE FROM' SPECIAL FUND —• LIABILITY FOR. FAILURE TO CREATE FUND.</p> <p>Where a contract for the improvement of a street provides that the cost thereof shall be payable out of a special fund arising from an assessment of the property benefited, the mere fact that the amount realized from a valid assessment according to benefits was inadequate to meet me cost of the improvement would not render the city liable for the difference out of its general fund.</p> <p>SAME-FAILURE TO OBJECT BEFORE CITY COUNCIL-REVIEW BY COURTS.</p> <p>The question of the inadequacy of an assessment for a street improvement to cover the cost of the improvement cannot be raised in a collateral proceeding to recover upon the warrants issued by the city in payment of the expense of the improvement, since it conflicts with the rule that all questions affecting the assessment proceedings, not going to the jurisdiction of the city to make the assessment, must be taken before the city council pending confirmation by that body, and an appeal taken from its determination, before the courts will inquire into the regularity or sufficiency of the proceedings.</p>