19 Wash. 572 | Wash. | 1898
The opinion of the court was delivered by
One John Stone and others, by a petition in writing, made application to the board of county commissioners of Yakima county for the alteration of a county road by vacating the same and the establishment of another in lieu thereof, under the act (Laws 1895 p. 82; Bal. Code, § 3771 et seq.).
The appellant, being the owner of certain lands situate in said road district, and a resident and taxpayer therein, with other residents and taxpayers residing in the vicinity of said road, filed with the board a remonstrance in writing, protesting against the vacation and discontinuance of the established road and the establishment of another in lieu of it, as petitioned for. Thereafter a hearing was had before the board of commissioners, and after reciting certain matters set forth in the petition and that they had examined the report of the viewers and the petition and remonstrances, and heard all the testimony for and against the proposed alteration, and were fully advised in the premises, the board made an order vacating the road proposed to be vacated and establishing the other as prayed for in the petition. Whereupon an appeal was taken to the superior court of said county. The respondents moved to dismiss it on two grounds: First, that the order was not an appealable one; and, second, that it did not appear that appellant had legal capacity to take such appeal. The superior court granted the motion to dismiss, and an appeal was taken to this court.
La support of the proposition that the order was not an appealable one, respondents cite Lawry v. County Com
It is contended that the appellant had no right to take the appeal to the superior court, because it did not appear that he was interested in land abutting on the road to be vacated, or on the road to be established, and for that reason that he could not be an interested party. We do not think this would hold good; for a party might be directly interested in such a matter, although he did not
In consequence of the foregoing, it is not necessary to consider whether § 1978, 1 Hill’s Code, is in force. Reversed and remanded for trial.,
Reavis, Dunbar, . Gordon and Anders, JJ., concur.