Roe v. City of Seattle

Citations

• 62 Wash. 432
• 113 P. 1112
• 1911 Wash. LEXIS 721

Syllabus

<p>Municipal Corporations — Improvements—Assessments —Procedure — Jury. Under Const., art. 7, § 9, providing that the legislature may vest the municipal authorities with power to make local improvements by special assessment or taxation, it is not necessary that a jury be impaneled in order to levy the assessment, and Rem. & Bal. Code, §§ 7768, 7790 et seq., are not unconstitutional in authorizing assessments by commissioners, subject to review by the courts, without any jury trial.</p> <p>Same — Assessments—Expenses. An assessment for local improvements may include the costs of the city attorney, expenses of the city engineer, and of the eminent domain commissioners, incurred in the proceeding.</p> <p>Same — Objections—Waiver. Owners petitioning for a street of a certain width cannot object to confirmation of the assessment on the ground that the width was unnecessary.</p> <p>Same — Assessments—Amount—Review. An apportionment of benefits by the eminent domain commissioners will not he disturbed on appeal on the ground that it was not according to the benefits, where there was a diversity of opinion between the witnesses and the evidence was not sufficient to overcome the report.</p> <p>Same — Benefits—Boundaries of District — Review. The decision of the eminent domain commissioners determining the boundaries of a local improvement district to be assessed for benefits will not be disturbed on appeal because of differences of opinion as to the propriety thereof.</p>