Strelau v. City of Seattle

Citations

• 85 Wash. 255
• 147 P. 1144
• 1915 Wash. LEXIS 1272

Syllabus

<p>Municipal Cobpobations — Local Impbovements — Assessments— Appeal — Equitable Relief. Under the eminent domain act of 1907 (Rem. & Bal. Code, §7768 et seq.), governing condemnation proceedings by cities, which provides that the assessment roll shall be heard before the superior court as a court of first instance, and under Rem. & Bal. Code, § 7797, which provides that “the judgment of the court shall have the effect of a separate judgment as to each tract or parcel of land or other property assessed, and any appeal from such judgment shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken,” such judgments are final and can be corrected only on appeal or by statutory proceedings on motion or petition within one year of their entry; hence property owners, who failed to appeal or to institute proceedings within one year to vacate or modify the judgment, cannot subsequently by action in equity obtain the same relief accorded to property owners who had appealed and thereby secured a reduction of their assessments.</p>