Town of Elma v. Carney

Citations

• 9 Wash. 466
• 37 P. 707
• 1894 Wash. LEXIS 343

Syllabus

<p>MUNICIPAL CORPORATIONS — STREET IMPROVEMENTS — ACCEPTANCE OE WORK — ORDINANCES — ASSESSMENTS.</p> <p>The conclusion of a town council, that the work done under a contract let by it for the grading of a street has been properly performed, cannot, in the absence of bad faith or palpable mistake, be set aside by, the courts.</p> <p>The fact that an ordinance of a town of the fourth class ordering the improvement of a street within certain limits, recites that the ordinance is enacted in conformity with a previous resolution of expediency passed by its town council, when in reality such resolution did not cover the improvement proposed, will not operate to invalidate the ordinance, as, under Gen. Stat., § 678, the council has power and authority to order the work done, and no law requires the passage of a resolution of intention to grade streets in municipal corporations of that class.</p> <p>Under Gen. Stat., § 678, providing that assessments for street improvements in towns shall be made upon the lands fronting on the street improved, “in proportion to the benefits upon the property to be benefited, sufficient to cover the total expense of the work to the center of the street on which it fronts,” an assessment made upon the basis of the number of lineal feet of property fronting on the proposed improvement is invalid, and will create no lien in favor of the town for the cost of the improvement.</p>