The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-18
THE CITY MUST PAY.
30 Grade Tax Reassessments
Declared Invalid.
LESSONS BY JUDGE GREENE.
-s.1ss snd South Fourteenth Street
n~.1ss IN the same Fix-Dr. Bsid-
via and His wIss's WILL

- levy snd collection Of . resssess-
-. for the grading of Division street.
- heen held By Roger s. Greene. judge
- terpore, 20 be invalid. and be viii
=. Judgment that the proceedings of the
- eeonciI touching the same be quashed.
IN esse IL entitled Henry A. Frederick
- uslrpda Frederick VS.. the city. The
s-r-uvement wss ordered under the mode
~fimnsdisis payment. a. defined by the
~m&u9ed charter. subject TO the act OF the
i-.is.ature authorizing collecting OF as
.~.sr,ents By 9 reassessment Under the
- AZ IL stood prior 20 the act Of 1893 the
~s,;sction by immediate pay ment could
- lssfalIy be ordered by the council
sr,es. il wers prayed for by the petition,
az he act does not dispense with
a. requirement.. such petition,
- court holds. woald necessarily
i part of the essential pre-
Nn,usry and jurisdictionaI steps leading
= 70 the levy and collection. No such
,esition appeared in the return before the
ssrrt. who assumes, as il Was certified 70
~ ..sil the records" that il contains all
q which the writ called. Is follows,
An. says Judge Greene, at least for the
.orposes Of this hearing and decision. that
- ordinance levying tie assessment and
ordsring It's collection By immediate pay
INT vas unauthorized and unwarranted
II iaw.
The city urged that the remedy OF the
pssdericks was TO appeal. but the court
I'D that the provisions defining appeal
6sreerned only the assessment az appear
- on the assessment roll. All up to this
roin: might be valid, and yet the subse-
eosnt levy and collection by immediate
eovmsnt invalid. The declaration as to
whether the payment be by bond or by
Immediate payment Is not required to be
Indicated by the assessment roll, and the
lseisrstion OF the ordinances. in the opin-
- Of the court vas not necessary, nor
= Invalid, operate to invaiidate the ordi-
nmeA
Dut svsn II the full advantage of the OBJ
lbstion taken to the rsAsscssment could
hsys bssn secured by appeal II by no
noons follows that certiorari will not lie
ass Subsequent stage. or By . person who
~ not IN objector. The petitioner, not
bdag N director. has no appeal granted
= him. The time for appeal was long
pmt q the date Of fling his petition. but
- proceedings which are sought 70 be
sorscted. are from the return absolutely
soid The theory Of the petition here Is
that the very foundation of Jurisdiction TO
make rsasssssment or any assessment Is
venting.
On constitutional grounds 1t Is clear.
5udgs Greene says. that the cost of work
done under an absolutely alb inifio void
epsessmsnt cannot by reassessment nor in
sny other way be imposed by the city
upon the property benefited. Owners Of
property benefited may themselves in some
essss BY contract or estoppel be liable to
tAs contractors for proportionate part of
tAs cost, and the lots may even be sub
eetsd 10 a statutory lien in behalf of the
ecnsractor. But where q contractor does
vmk without any lawful authority from
ths city. the law regards the work as era