State ex rel. Whitten v. City of Spokane

Citations

• 92 Wash. 667
• 159 P. 805
• 1916 Wash. LEXIS 815

Syllabus

<p>Mandamus — When Lies — Adequate Remedy at Law. Where a city damaged property by the regrade of a street without instituting condemnation proceedings, the owner has a plain, speedy remedy in an action at law, and hence mandamus does not lie to compel the institution of condemnation proceedings to determine the damages.</p> <p>Limitation oe Actions — Damages to Peopeety. An action against a city for damages to property by regrading a street is governed by the two-year statute of limitations.</p> <p>Mandamus —■ Remedy at Law — Adequacy — Bab oe Limitations. The loss of a remedy at law by lapse of time until the statute of limitations has run does not affect the adequacy of the remedy so as to entitle the party to obtain the same relief by mandamus.</p>