19 Wash. 428 | Wash. | 1898
Lead Opinion
The opinion of the court was delivered by
In 1896 the relator, as upland owner, applied to purchase certain tide lands including the north half of lot 7, block 176, in front of the city of Seattle, and duly received a conveyance of the same from the state; Thereafter, as the owner of said north half of lot 7, the relator applied to the respondents for a lease for thirty years of a certain portion of the harbor area of the city of Seattle contiguous to said half lot, and, the application being refused, a writ of mandate is sought to compel the execution of the lease. There is no question as to the regularity of the relator’s application for a lease or of its preference right thereto, if anyone is entitled to lease the
It will be observed tbat there is nothing in tbe provision limiting tbe exercise of this right to streets in existence at tbe time of tbe platting of tbe harbor. And if tbe right to so extend tbe streets continues for all time, it is at once apparent tbat tbe value of tbe tide lands to be sold and of tbe harbor area to be leased will be much impaired, if purchasers and lessees can be compelled at any time to vacate tbe same and lose valuable improvements without getting any recompense in case tbe city should see fit to .lay out or extend streets over the same. Furthermore, there is nothing in tbe constitution or in tbe subsequent legislation thereunder making it at all obligatory upon cities to extend streets across tide lands, and it does not appear in this case tbat there is any desire to extend tbe . street in ■ question. On tbe contrary, at various times,
Anders, Gordon and Dunbar, JJ., concur.
Dissenting Opinion
(dissenting). — I do not think the inconveniences of awaiting the prolongation of streets mentioned in the opinion will necessarily arise. In my judgment the protection of free ways to the harbor area for the public