title:
Charles B Wright, suing for himself and other persons similarly situated and interested Appellants, vs The City of Tacoma and John Murray Appellees, Brief of Appellants.
creator:
Charles B. Wright
contributor:
Evans
contributor:
Sears
contributor:
Huston
date:
1888-01-01
publisher:
Supreme Court of the Territory of Washington
type:
Civil
subject:
Real Property
language:
eng
format:
application/pdf
description:
Prior History: APPEAL from the District Court holding terms at Tacoma. Second District.This action was brought by an abutting property owner on a street ordered to be improved by the city of Tacoma, against said city and its treasurer, to restrain them from collecting certain assessments levied upon his property, situate on said street, to pay for such improvement. The action was brought for himself and all others similarly situated. The plaintiff sought equitable relief on the ground that the petition of abutting owners to the city council of Tacoma was insufficient in form and substance, and not signed by the requisite number of owners on said street, as required by subdivision 9 of section 48 of the city charter, to confer jurisdiction upon the council to order the improvement. Subdivision 9 of said section 48 is set forth in the opinion of the court. The illegality of the assessment, multiplicity of suits by other owners similarly interested, and cloud upon plaintiff's title imminent by the threatened illegal sale of plaintiff's property, are made the grounds for invoking the equitable jurisdiction of the court. The city and its authorities contested the alleged insufficiency of the petition, and of the number of its signers, and pleaded an estoppel arising out of the fact that plaintiff received the full benefit of the improvement, and had full notice and knowledge of every step taken by the municipal authorities in making the same, and had failed to make any protest or objection, when the law made it his duty to do so, until after the time fixed by the charter, and not until after the contract for the improvement had been let and partially completed, and the city had become liable for the improvement. All other necessary facts appear in the opinion of the court. The court below dismissed the bill, and defendant recovered judgment, from which plaintiff appealed.
description:
Municipal Corporations – Street Assessments – Injunction to Restrain – Estoppel in Equity – When a city character provides that the council may pass a resolution to improve a street, and may file a survey and estimate of cost all of which shall be published, and that all opposed to the improvement may protest within ten days after such publication; and that if no such protest is made, the assessment shall be deemed assented to: held, that equity will not set aside such assessment at the instance of an abutting property owner, who made no protest within the required time, and not until the work was partially done and the city had become liable for the improvement, but will leave him to his legal remedy. Same – Petition – Signers of – Charter of Tacoma – Presumption – Under the ninth subdivision of section 48 of the city charter of Tacoma requiring a petition to the city council for street improvements to be signed by the resident owners of more than half of the abutting property, but not providing how the fact of residence shall appear, such petition need not show that the signers are a majority of such resident owners, but it will be presumed that the city council, in ordering the improvement, judged correctly, unless the contrary is made to appear.Same – Petition by Abutting Owner – Amount in Interest to be Represented – Under said section 48 of the Tacoma city charter, only a majority of such abutting property owned by residents need be represented in such petition.Same – Adjustment – Width of Cross Street – In determining the frontage of such abutting property, the width of each street crossing the improved street should be subtracted from the total length of improvement to be made.
relation:
Wright v. Tacoma, 3 Wash. Terr. 410 (1888)
relation:
19 P. 42
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf