67 Wash. 92 | Wash. | 1912
The complaint alleges, that the plaintiff is the owner in fee simple, and is in possession, of the following described real property, situate within the county of Pierce, and the city of Tacoma, viz., lots 13, 14, and 15, of block 7, in Byrd’s addition to Tacoma, and of all the land lying between the easterly end of said lots and the westerly line of South I street in said addition, and also all the land lying between the easterly end of lot 16, in said block, and the westerly line of said street; that the defendant unjustly claims some right, title, or easement in the land aforesaid, adverse to the plaintiff, which said claim is without foundation in law; that on July 6, 1897, a map of Byrd’s addition was filed in the office of the auditor of said county, and Sixth street, as designated and shown on said map, was’ dedicated to the public as a street; that at said time, and for many years thereafter, lots 13, 14, 15, and 16, above mentioned, fronted on said Sixth street, and the owner of said lots owned the fee of the land to the center of said street in front of said lots, subject only to the right of the defendant and of the public to use such street as a highway; that said Sixth street was never opened, graded, improved, or used by the public as a highway; that, during the year 1904, the defendant, by appropriate proceedings, condemned a highway eighty feet in width through said addition, and named the same South I street; and thereupon in the same year opened, graded, and otherwise improved said South I street, and established parking and built sidewalks on each side of said street; that ever since 1904 the defendant has maintained
So that the question presented here is, did the action of the city in condemning land east of the original boundaries of Sixth street, and in making the improvements as alleged in the complaint, have the effect of abandoning that portion of Sixth street which is not incorporated within the improvements made upon South I street. The appellant has cited many cases to sustain her claim that such was the effect of
“We are clearly of the opinion that it is invalid. The law delegating to municipalities the power to vacate streets, Laws 1901, p. 175, prescribes a mode for its exercise and the conditions upon which it can be exercised.”
After setting forth the statute, the court said:
“These were matters going to the power of the council to act, and without a substantial compliance with them, any ordinance or vacation based thereon must be void.”
There is no claim in this case that the provisions of the statute were complied with, or even invoked in any degree. The only procedure pleaded by the appellant was a condemnation proceeding. In such proceeding, the city was successful, and doubtless paid for its acquirements. This could not in any way affect or divest its interest in Sixth street as it was originally acquired.
The judgment is affirmed.
Fullerton, Morris, Mount, and Ellis, JJ., concur.