Schuchard v. City of Seattle

Citations

• 51 Wash. 41
• 97 P. 1106
• 1908 Wash. LEXIS 962

Syllabus

<p>Municipal Corporations — Improvements—Assessment for Benefits — Award of Damages — Effect—Bar as to Assessments. In condemnation proceedings to assess damages for a regrade, where the jury were instructed, pursuant to Laws 1893, p. 189, § 15, that the lot owners were entitled to recover all damages resulting to their property by reason of the regrade, less any local or special benefits arising from the proposed improvement, a verdict for $100 damages is conclusive on the question of the amount of the benefits, and precludes any subsequent assessment for benefits to the portion of the lots not taken; section 22 of the act providing that no lot shall be assessed in excess of benefits nor shall any lot which the jury shall have found to be damaged be assessed for any benefits.</p> <p>Same — Waiver of Objections — Petitioners. Where an improvement is ordered by the unanimous vote of the city council regardless of a petition and limitations contained therein, it cannot be urged that the petitioners are estopped to object to assessments of their property.</p> <p>Same — Offset of Damages — Effect. Where the benefits to property have once been offset against the damages for land taken in eminent domain proceedings, the land cannot be assessed for benefits from the improvement, regardless of the, fact that the condemnation proceedings are entirely independent of the proceedings for assessment.</p> <p>Same. An assessment for local benefits from an improvement cannot be sustained, after offset of the same against the damages, on the theory that conditions might have changed since the taking or damaging of the property; as the legislature did not intend that the question of benefits should be twice litigated.</p> <p>Same — Award of Damages — Verdict—Benefits. The jury, in awarding damages from a regrade under instructions to offset the benefits, could not have taken into consideration an assessment to be thereafter levied upon the property, they having no information as to t