Richardson v. City of Olympia

Citations

• 83 Wash. 638
• 145 P. 963
• 1915 Wash. LEXIS 728

Syllabus

<p>Municipal Corporations — Improvements—Assessments — Jurisdiction — Finding oe Necessity — Conclusiveness. An assessment for the purpose of filling lowlands in cities of the second and third classes, under Rem. & Bal. Code, § 7971 et seq., authorizing it whenever the city council shall deem it necessary or expedient on account of the public health, sanitation, etc., cannot be attacked as beyond the jurisdiction of the council from the fact that it was not necessary for the public health or sanitation, where .the record shows that the council did determine this question of its jurisdiction by finding the necessary facts to exist; since the question of necessity is, in the first instance, a legislative question, and conclusive on collateral attack; Rem. & Bal. Code, § 7905, prohibiting the setting aside of such assessments except on the ground of fraud.</p>