27 Wash. 520 | Wash. | 1902
Appellants (plaintiffs) in their complaint allege that they are the owners of the whole frontage on each side of Plummer street, in the city of Seattle, between Seattle boulevard and Seventh avenue South. Plummer street, westerly from a point about midway between Seventh avenue South and Eighth avenue South, where it is crossed by the tracks of the Columbia & Puget Sound Railroad, is situated upon Seattle tide lands, and extends across Seattle boulevard towards deep water. It is one of the streets adopted in the plat of the Seattle tide lands, and connects with, and has a corresponding grade with, other tide land streets. Easterly from the point mentioned, Plummer street is situated upon the mainland, and extends directly up the bluff on the easterly side of Elliott Bay to a considerable elevation, reaching an elevation, at its intersection with Eighth avenue South, of about thirty feet above the grade of the tide land streets, and from thence the ascent is abrupt. Eighth avenue South crosses Plummer street at right angles, and is opened and graded some distance northerly and a short distance southerly from such crossing. Southerly from its intersection with Plummer street, where it has an elevation of about thirty feet above the grade of the tide land streets, its established and natural grade descends laterally along the side of the bluff, making a way for travel with teams and vehicles'; and at its intersection with Eorman street, a block south of Plummer street, it practically reaches the grade of the tide land streets, and descends and finally becomes a tide land street, northerly from its intersection with Plummer street, and towards the business part of the city, Eighth avenue South rises a little, but gradually; and
1. The main arguments of counsel were upon the power of the council to determine the nature and order the construction of the proposed improvement. Counsel for appellants maintain that the council exceeded its granted powers in ordering the construction of the improvement of Plummer street. It is true, the complaint alleges that the structure is of no public interest or convenience, and had for its object a private convenience, — that of respondent Armour & Company, — and that the council abused its discretion under the guise of public improvements. Counsel, however, concede that the power to determine the necessity for improving the street, and the means and methods adopted, the extent, value, and character of the improvement, are vested in the legislative department of the city, and such powers are broad and complete ; that in the exercise of such powers they are to act in
3. It is urged by counsel for the city that the improvement having been ordered by ordinance/ a local assessment district formed, the assessment upon the' abutting property levied, the proceedings in the levy of the tax against the abutting property appearing with regularity, and no objections to the assessment having been madebefore the city council, appellants are estopped from claiming damages to- their property. It is true, this court has had occasion to determine the effect of such proceedings in local assessments, and has declared that the justice and validity of the tax can be questioned only by appearance before the council and appeal therefrom in such cases, and such is the established rule. But it is apparent that, in the proceedings for the levy and collection of taxes in a local assessment district, the city council cannot appropriate or damage property, and determine the cornpen
The judgment is reversed, and the cause remanded for further proceedings in accord with this decision.
Dunbar, Fullerton, Hadley, White, Anders and Mount, JJ., concur.