State ex rel. Espy Estate Co. v. Board of Commissioners

Citations

• 48 Wash. 230
• 93 P. 326
• 1908 Wash. LEXIS 837

Syllabus

<p>Drains — Assessments—Amount—Benefits to Property — Mandamus. In proceedings to assess property for benefits accruing by reason of tlie construction of a drainage district, tlie county commissioners liave no power to assess property in excess of the benefits received; and in tlie absence of fraud, tbiey cannot be compelled by mandamus to increase tbeir assessment for benefits so as to cover the total cost of the work and interest.</p> <p>Same^-Prooeedings Under Curative Act — Levy of Assessment— Effect of Former Void Proceedings. Where the proceedings for the assessment of property for a drainage district were void, and the legislature, recognizing the moral obligation of the lands benefited, provided a method for making the cost a lien thereon, the county commissioners in making a new assessment are not bound by the acts of the former board, but must determine the amount of benefits to be assessed.</p>