The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1921-04-21
MAY ASSESS AGAIN FOR
LYNDEN-LAUREL ROAD
Judge Finds that Inclusion of S35,-
900 Bridge In Improvement Costs
Was Illegal

The county commissioners have
decided to appeal the Lynden-f. laurel
road decision to the Supreme Court
of the State. The appeal will be car
ried up at once.
Reassessment of the Lynden-Lau-
rel Improvement district was order
ed this week by Judge Augustus
Brawley of Mt. Vernon, in a decision
handed down in the road cases. The
court ordered the exclusion in the
new assessment Of the cost of the
$4,000 Hannegan river bridge. an
item of S3,795 for engineering ex-
penses. and the cost of 14O feet of
Town of Lynden.
The case of the owners of the prop
erty north and east ofthe river, who
claimed no benefits from the improv-
ment, was considered by Judge Braw-
ley, and he said in his decision that
he considered their assessments too
high, and said that they should be
assessed only one-half as much as
other property south and west of the
river.
The following is Judge Brawleys
opinion:
MANY objections were made by
the contestants to the assessment as
made by the appraisers and confirmed
by the beard Of county commissioners
in the road Improvement in question.
but inasmuch as have decided some
of the items included III tie assess
ment to be improper charges against
the property, and a reassessment,
therefore. necessary, and having teen
invited by the contestants to make
the assessment as a court of equity
rather than simply to order the coun
ty com missioners to make a reassess-
ment, l do not deem it necessary to
go into detail as to the reasons upon
which my judgment is based as
to these items l have concluded to be
proper charges. In other words, |
will only deal with the items TO be
stricken.
Il have concluded that the cost Of
the bridge across the Nooksack river
is not a proper i-em to be charged
against the local improvement DIS
trict. l also find that there was
charged up s3,795 more for engi-
neer's expenses than was really eX-
pended It was also conceded at the
time of The trial that that portion Of
the Improvement which is situated
within the corporate limits of the
Town of Lynden was not proper
charge In reassessment all of
these items should be excluded.
Il also believe the assessment
against the property of these con-
testants situated to the east and north
of the Nooksack river is too high.
While. under the recent ruling of the
supreme court in the case OF James
vs. Mcmillan, this property Is subject
to assessment, yet on account OF the
phvsical conditions surrounding this
property in relation to the improve
ment | do not believe this property Is
benefited to the same extent that oth-
er property is which is not segregat-
cd or isolated from the Improvement,
but is situated the same distance from
the pavement constructed as a part
of the improvement. This property
is undoubtedly benefited to some eX-
tent by the Improvement, just the
same as any property is beneilted py
the hard-surfacing of roads adjacent
to it. and which is of course, the the-
orv under which the legislature au-
tborizes its assessment, yet this pro
perty in question is not benehted, as
suggested before, in my opinion, to
the same extent that other property
in this improvement district situated
at the same distance from the pave
ment is, but south and west OF the
river The owners of this property
living east and north of the Nooksack
river have no direct access to the
navement. but are barred by an un-
fordable stream. with no bridges now
constructed or in contemplation sc
far as the evidence in this case as
closes adjacent to their property, pu'
in order to reach the pavement IL
question it is necessary to tfaVe
northwesterly to Lynden or south
easterly to other paved roads before
being able to cross the Nooksacf
river. and for this reason the pave
uent in direct question does not fur
nisb the means of general Quite
for these property owners. l believe
this property to the north and east o
the river should be assessed only one
half as much as other property slt
uated in a similar zone but south o.
west of the river.
will he that aGtiDl