Viegle v. City of Spokane

Citations

• 78 Wash. 359
• 139 P. 33
• 1914 Wash. LEXIS 1024

Syllabus

<p>Municipal Corporations — Public Improvements — Assessments— Benefits — Evidence—Sufficiency. The evidence sustains findings that property upon a bluff was not benefited by a public improvement consisting of grading, bridging, and the construction of a retaining wall, including a subway under an electric railway, where it appears that the subway, having a ten per cent grade, was of no practical value to the lands, which were reached by other roads on a four per cent grade.</p> <p>Same — Assessments—Review. Under 3 Rem. & Bal. Code, § 7892-1 et seq., authorizing the assessment of property specially benefited by a local improvement, and Id., § 7892-22, providing that, on appeal from the city council, the court shall confirm, correct, modify, or annul the assessment in so far as the same affects the property of the appellant, the court may set aside an assessment as arbitrary and made upon a fundamentally wrong basis, where it appears that the property assessed was not benefited at all by the improvement.</p>