Real Estate Investment Co. v. City of Spokane

Citations

• 59 Wash. 416
• 109 P. 1057
• 1910 Wash. LEXIS 1216

Syllabus

<p>Municipal Corporations — Special Assessments — Appeal — Statutes. The act of 1905 (Rem. & Bal. Code, § 7905), entitled an act to validate municipal assessments and to prohibit setting the same aside except for fraud, was not intended to repeal the act of 1901 (Rem. & Bal. Code, § 7552), authorizing an appeal from the confirmation of an assessment by the city council to the superior court, and does not affect such appeals or the procedure therein.</p> <p>Same — Protests—Form—Objections. A notice of appeal from the confirmation of an assessment by a city council may be informal, and is sufficient if it is made to appear that the owner protests against the costs as excessive and disproportionate to the value of the property, and because the benefit is not in proportion to the cost, it only being necessary to clearly state the grounds of the objection.</p> <p>Same — Confirmation of Assessment — Resolution or Ordinance —Appeal. Under Rem. & Bal. Code, § 7532, providing that the city council shall confirm an assessment as corrected by resolution or ordinance, in conformity with the charter, a city council may confirm an assessment by resolution, although another ordinance provides that all orders of confirmation shall be by ordinance, since the power of the council depends .upon the general law and the charter; hence an appeal from a resolution confirming an assessment is not' premature.</p> <p>Appeal — Decision—Remand. Where an assessment by a city council is erroneously confirmed on appeal to the superior court, for the reason that no fraud had been shown, without considering the merits, the case will be remanded for a full hearing in the court below.</p>