Seattle Transfer Co. v. City of Seattle

Citations

• 27 Wash. 520
• 68 P. 90
• 1902 Wash. LEXIS 420

Syllabus

<p>MUNICIPAL CORPORATIONS — STREET IMPROVEMENTS — POWERS OF COUNCIL — INTERFERENCE OF COURTS.</p> <p>In an action to restrain the construction by the city of an elevated bridge in the street in front of plaintiffs’ premises the complaint states no ground for equitable relief when it contains merely general allegations of fraud and want of consideration on the part of the council in ordering the improvement, since the courts cannot interfere with the council’s action in the matter of improving streets, unless it is shown to be arbitrary, or without consideration for the public, or an abuse of the council’s discretion in the manner of making the improvement.</p> <p>SAME-STRUCTURES IN STREET-SHUTTING OFE LIGHT, AIR, AND ACCESS — COMPENSATION.</p> <p>One’s right to light, air, and access necessary to the use and possession of a lot abutting on a public street is property, for which he is entitled to compensation by reason of the erection of a bridge or structure in the street in front of his premises before the injury thereby occasioned is done.</p> <p>SAME-ESTOPPEL.</p> <p>A city council cannot appropriate or damage property and determine the compensation therefor in proceedings for the improvement of a street and the levy and collection of taxes therefor by local assessment district; hence the failure of one whose property has been damaged by the construction of a public improvement to appear and object in the proceedings leading up to the levy of an assessment upon the abutting property by reason of such improvement would not estop him from claiming damages to his property.</p>