State ex rel. Hindley v. Superior Court for Spokane County

Citations

• 82 Wash. 37
• 143 P. 455
• 1914 Wash. LEXIS 1611

Syllabus

<p>Municipal Corporations — Improvements — Assessments — Reassessments. Under 3 Rem. & Bal. Code, §§ 7892-42, 7892-43, granting the right to reassess property for benefits from a public improvement when a part or the whole of a previous assessment or reassessment had been held invalid, and providing that the reassessment roll may “include any property specially benefited by such improvement whether or not the same was included in the original assessment district,” the fact that the supreme court had, on appeal, ordered the city to vacate the original assessment and recast a reassessment so as to limit, to a specified sum, the amounts to be assessed against certain property, does not prevent the city from making a second reassessment in an enlarged district and including therein additional costs and interest accrued, in which the questions of benefits and apportionment thereof are as much original questions as in the former proceedings; since such judgment is not res judicata on a second reassessment prosecuted as an original proceeding and does not limit the amounts to be assessed on such second reassessment, which would be reviewable only on a subsequent appeal therefrom.</p> <p>Same — Assessments—Limitation. 3 Rem. & Bal. Code, § 7892-12, providing that property within a local improvement district in cities of the first class shall not be assessed in excess of fifty per cent of the assessed valuation of all the property in the district unless petitioned for, does not constitute a limitation upon the amount which each tract may be charged with, but has reference to the value of the property in the entire district.</p>