Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-12-10
TUMWATER vs.. PIX.
FINAL DETERMINATION SEEMS
TO BE UNJUST.

~ Be ONUOSI.
Findings. Conclusions and Judg-
ment Of the Superior Court " mich |
Were Reversed by the Higher
Court.
This action was brought 10y the |
Town OF Tumwatcr, appellant, against |
respondent to collect $2l02J and in
tcre,t levied hv a rc-aSSc>>mcnt against |.
property of respondent on account III /,
street improvement. The trial was /
had before Hon. Charles W. Hodgd"n /
sitting as Judge at request OF the Hon.
Charles II. Aver. The said trial Judge |
made and filed the following findings,
conclusions and judgment, to-wit:
That the first or original assessment /
mentioned i'll the complaint herein |
was not, nor ever has been declared |
invalid, illegal or void, by any Court |
of competent jurisdiction. Excepted
to.l
That the work, labor and improve
mentS on Third street between a and
b streets in the town of TUmwater'
State of Washington, the same being
a part of the plaintiffs claim for the
| rc-assessmcnt described in said COM
plaint against defendants premises
mentioned herein was paid for out of
the general fund of said town.
That the work, labor and improve
ments under the first assessment des- |
scribed in said complaint, except the
work done by the city marshal, only
extended from "B' street, east along
Third street to Cleveland avenue in
said town, and were never intended to
form the basis for any further or adj
ditional charge, lien or assessment on
any real estate or property without |
said Third street between "B" street
and Cleveland avenue aforesaid; that |
said defendants premises sought to be
charged with the lien of the aforesaid
reassessment lies wholly without said
limits. Excepted to.
".
That said premises of defendent |
were not benefited by the work and |
labor for which the re. assessment was |
sought to be made except in general |
way as other premises located in the |
said Town of Tumwater. Excepted |
to.
That the said assessment shows that |
it was not made upon all the land and |
premises abutting said Third street, |
but that such assessment was arbitrarily |
made to the center of the blocks 'front.' |
ing on said street; that such is par
ticularly the case with regard to |
defendants said premises, and the said |
attempted re-assessment thereon COM
planned of in the complaint in this
suit. Excepted to.
vi.
That the material allegations of the |
said complaint are not proven. Ex- |
copied to.
CONCLUSIONS OF LAW.
That the Town of Tumwater was
wholly without jurisdiction and au-
thority to make or levy such re-as.
sessment against said premises of de- |
fendent. That all the proceedings OF |
said town connected with or pertain
| ing to such re-assessment were and are |
wholly void, Excepted to.
That the said action should be dis |
missed and that the defendant go hence
without day. Excepted to-
That the equities herein are with
defendant. Excepted to.l
1t is therefore considered, adjudged |
and decreed by the Court, that the
defendant 20 hence, that said action
be and the same is hereby. dismissed,
that all and singular of the proceed
ings on the part of said plaintiff, with
reference to said re-assessment of de- |
PENDANTS premises described as fol.
lows, to-wit:
Beginning at the southwest corner
of block No. 7 of East Tumwater,
thence running northerly along the
west boundary of said block one hum
dred and twenty, thence easterly two
hundred and forty feet, thence souther.
ly distance of one hundred and
twenty feet to the north line of said
Third street, thence west along the
north line of said Third street two
hundred and forty feet to the point of |
beginning, said premises all being in
the Town of Tumwater, Thurston
county, Washington, be and the same
is hereby declared wholly void; that
said premises be discharged of all lien
or charge of such re.assessment; that
the defendant recover of plaintiff his
costs to be taxed.
CHAs. w. HoDGDoN,
Judge.
July LIST, 1897.
At the request of attorney for appel
liant said trial judge made and filed addi-
tional findings, as follows. The CAPT.
| tallZed words being added by said
judge to the findings as proposed, towit:
ct.
"The Court finds that plaintiff is a
municipal corporation of the fourth
class duly organized and existing
nnder the laws OF the State of WASH
ington, and was such corporation at
all times mentioned in the pleadings
herein.
"H.
"That during the year 1892 plaintiff
caused one OF its streets, to-wit, Third
street, to be graded and improved from
the west side of A street to Cleveland
avenue, FROM TO STREET BEING
DONE BY THE CITY MARSHAL AND FROM
TO CLEVELAND AVENUE BY CONTRACT. |