Washington Water Power Co. v. City of Spokane

Citations

• 89 Wash. 149
• 154 P. 329
• 1916 Wash. LEXIS 679

Syllabus

<p>Municipal Corporations — Streets — Contract for Easement — “Grading and Opening.” A contract for an easement for a street in consideration of the city’s agreeing to refund any grade tax paid by the abutting owner for “opening, grading or improving any part of a street, excepting sidewalks,” contemplates more than a mere original opening for travel, which accordingly did not discharge the obligation of the city; but entitles the owner to reimbursement for assessments subsequently made for the establishment of a permanent grade, such as embankments, cuts and fills.</p> <p>Same — “Improvements”—“Paving.” Such a contract does not contemplate refunds for paving as an “improvement,” where there was but little paving in the city at the time the contract was made; since “improvement” is a relative term, to be construed in conjunction with “opening” and “paving,” and as incidental thereto.</p> <p>Same — Powers—Acquisition of Land — Payment—Refunds—Exemption from Assessments — Estoppel. Under Rem. & Bal. Code, § 7507, subd. 6, authorizing a city of the first class to purchase private property for public purposes, a city that did not at the time have the right of eminent domain may purchase an easement for a highway in consideration of agreeing to reimburse the owner by the repayment of any assessments against abutting property for opening, grading or improving the street; and after receiving the benefits, the city is estopped to question the legality of the mode of payment.</p> <p>Same — Acquisition of Land — Payment—-Refunds of Assessment —Contractors—Covenants—Rights of Successors. Such a contract inures to the benefit of the grantor’s successors, especially where the grantor covenanted that it would build all structures on its land (an island) of fireproof materials and expressly extended the covenant to its assigns, in return for which the city covenanted to build approaches to the island, making the latter covenant of special benefit to the grantor and its assigns.</p