Town of Tumwater v. Pix

Citations

• 15 Wash. 324
• 46 P. 388
• 1896 Wash. LEXIS 189

Syllabus

<p>MUNICIPAL CORPORATIONS — NOTICE OP STREET ASSESSMENT — SUFFICIENCY— PLEADING.</p> <p>Personal notice to a property owner affected by a proposed levy of assessments for a street improvement is sufficient, even where the statute provides for publication of notice in an official newspaper.</p> <p>Where a municipality of the fourth class proposes to levy an assessment for a street improvement under Laws 1893, p. 226, which requires notice thereof to be published in the official newspaper of the corporation for ten days, but the town is not authorized by law to designate an official newspaper, the requirements of the statute as to notice, will be satisfied by personal service of notice upon the parties affected by the proposed assessment.</p> <p>An allegation in a complaint that “ notice of an assessment and of the hearing and considering of objections to the assessment roll was given defendant personally,” is sufficient, as against a demurrer, to show that actual notice was given to defendant.</p>