Washington Reports Volume 52

Washington Reports Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...the court below. DBAINS---MAINTENANCE--ASSESSMENTS--Counrnons PRECEDENT--ESTIMATES--STATUTES--CONSTBUCTION. Under Bal. Code, 3738, an assessment for the maintenance of a drainage district is void where no estimate was made of the cost, as required by the act. SAME----PUBPOSE or ASSESSMENT. An assessment for the maintenance of a drainage district is void where part of the assessment was stated to be intended for another purpose than that permitted by the statute, and the assessment was in excess of the amount required for any lawful purpose. Appeal from a judgment of the superior court for King county, Tallman, J., entered July 10, 1908, upon findings in favor of the defendants, after a trial before the court, refusing to cancel an assessment for the maintenance of a drainage district. Reversed. Godman 5' Embree, for appellant. Ballinger, Ronald, Battle Tenna/nt, for respondents. FULLERTON, J.---In this action the appellant sought to restrain the collection of an assessment attempted to be levied upon her property by the drainage commissioners of Drainage District No. 1, of King county. The facts as found by the court are not questioned by either party, and 3 are in substance these: Prior to September 30, 1902, ceritain freeholders residing in King county, owning land requiring drainage, organized a drainage district under the act of March 20, 1895 (Laws 1895, p. 271) and included therein, among other lands, a tract of land belonging to the appellant which contained 287 acres. Thereafter a drainage system was planned and adopted, and proceedings instituted, 1Reported in 100 Pac. 835. Apr. 19091 Opinion Per Funrnaros, J. under the provisions of the act, to provide means for the construction of the necessary drains...."show more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236762118
  • 9781236762115