Town of West Seattle v. West Seattle Land & Improvement Co.

Citations

• 38 Wash. 359
• 80 P. 549
• 1905 Wash. LEXIS 1176

Syllabus

<p>Tide Lands—Streets—Dedication—Validation. Streets laid out over tide lands by the board of tide land appraisers, without authority, under Laws 1890, p. 431, were validated and declared public highways by Laws 1895, p. 550.</p> <p>Same—Two Mile Limit Prom City—Judicial Notice of—■ Presumption of Jurisdiction of Tide Land Appraisers. It cannot be objected that streets laid out over tide lands, by the board of tide land appraisers, are not in fact within the two miles limit from a city, in the absence of any showing, since the courts will not take judicial notice of such limits, and the board is presumed to have acted within its jurisdiction.</p> <p>Same—Dedication—Designation of Street as Perry Slip—■ Improvements. Where a street was laid out over tide lands of the first class by the tide land appraisers, the fact that a portion thereef used as a ferry slip was designated on the plat “Perry Slip,” does not affect the dedication of the street, since such designation was a mere compliance with the law requiring the appraisers to note improvements.</p> <p>Municipal Corporations—Obstructions in Street—Nuisance —Removal—Defenses—Payment of Taxes on Improvements. The payment of taxes upon improvements in a. public street does not affect the right of the city to remove the same as an obstruction and public nuisance.</p> <p>Same—Public Convenience. The obstruction of a public street cannot be justified on the ground that its use as a ferry slip is of greater benefit and convenience to the public than would be its use as a public street.</p> <p>Same—Remedy. An action by a city to remove an obstruction and abate a public nuisance is the proper remedy where private parties are using a portion of a public street as a ferry slip.</p> <p>Adverse Possession—Streets—Statute of Limitations—When Does Not Run Against City. Adverse possession of a portion of a city street for the statutory period, and the payment of personal property taxes on the improvements, is not a defense to an a