45 Wash. 361 | Wash. | 1907
The complaint shows, that the appellants are the owners of the south half of lots 7 and 8, in block 25, of the city of Olympia, Washington; that the said real property was and is improved by a two-story brick building thereon, of the value of about $15,000, which has for several years been used for a retail store, and is now being used for a postoffice, telephone office, and for business of various kinds; that the same is now rented and is producing a monthly income of $175, and is situated near the main retail business district of the city and derives a large element of its value from its status as business property and from its favorable location; that the property abuts on Washington street, being situated on the easterly side of said street; that it likewise abuts on Sixth street, being on the northerly side of Sixth street, both of said streets being regularly dedicated public streets, having been opened, graded, and improved with sidewalks on either side thereof, for many years; that one block south of Sixth street and running parallel therewith, is Seventh street, also open and traveled and improved for many years; that between Sixth and Seventh streets and abutting on
The assignment of error is the action of the court in sustaining the demurrer and dismissing appellants’ action. It is not contended by the appellants that under no circumstances can the city vacate its public streets; it is admitted that they can do so when the general public interest requires it, and upon payment for the injury caused to private property thereby. But it is insisted that in this case special damages, distinct from general damages suffered by the general community, are shown by the complaint, and that in such case
It is argued by counsel for the appellants that, if the authorities have a right to close Washington street between Sixth and Seventh streets, they would have the same right to close Washington street north of appellants’ lands, and to close any ether street upon which the appellants’ property did not directly abut, thereby practically destroying the value of appellants’ premises as a place of business. This it seems to us does not necessarily follow, but if the city has a right to vacate a street, the line must be drawn somewhere; and if appellants’ contention is true, it logically follows that the city would have no right to vacate Washington street between Seventh and Eighth streets, or between Eighth and Ninth streets, or to vacate it at all, no matter how far it extended south of appellants’ premises; for the only practical effect that it has on appellants’ egress and ingress is the deflection one block either east or west of the travel coming from.the residence portion between Washington street and Franklin street, the next street east and parallel with Washington street, and that is too slight a consideration, we think, to be controlling in a case of this kind. It will be remembered that the appellants’ property does not abut on the street vacated.
In any event, this question, it seems to us, has been squarely decided bv this court in the late case of Ponischil v. Hoquiam Sash & Door Co., 41 Wash. 303, 83 Pac. 316, where it was held that the vacation of streets was a legislative function which could be delegated by the legislature to municipal corporations, and that such legislative function had been delegated by chapter 84 of the Laws of 1901, p. 175; and it was further held that the vacation of streets wTas an exercise of the
The demurrer to the complaint we think was properly sustained, and the judgment is affirmed.