Stewart v. City of Chehalis

Citations

• 53 Wash. 213
• 101 P. 841
• 1909 Wash. LEXIS 1298

Syllabus

<p>Municipal Corpobations — Local Improvements — Assessments— Basis — Benefits. A municipal assessment for sewer purposes is to be based upon benefits received, under Laws 1907, chapter 70, and not upon the last general assessment for city purposes, under Laws 1903, ch. 27, which is superseded.</p> <p>Same — Hearing—adjournments-—Statutes — Application. The hearing on an assessment for sewers, levied under the act of March 27, 1890 (Laws 1890, p. 131, Bal. Code, § 943), may be continued for more than four weeks; since Bal. Code, § 1096, prohibiting continuance for such length of time applies only to the act of March 10, 1891 (Laws 1891, p. 406), relating to drainage by cities of the second, third, and fourth classes.</p> <p>Same — Assessments foe Benefits — Validity—Finding—-Sufficiency. A finding that a sewer was constructed almost solely for the benefit of a hospital “and was not intended or expected to benefit, nor did it prove of any benefit to the said premises of the plaintiff up to the time of the trial,” is insufficient to defeat the assessment on the ground that it was not made according to benefits to the property.</p>