In re Third, Fourth & Fifth Avenues
In re Third, Fourth & Fifth Avenues
Opinion of the Court
This cause was once before this court, and the primary facts and the ruling of the court thereon may be found in 49 Wash. 109, 94 Pac. 1075, 95 Pac. 862. Upon the cause being remanded as directed by this court, the city filed a supplemental petition, and an order was entered thereon directing the eminent- domain commissioners to prepare a new assessment roll, to cover the awards of damage, with accruing interest and costs. Upon the filing of the new assessment roll, many objections were made thereto, and upon a hearing of these objections, the court below entered an order confirming the new roll, and this appeal is taken by the objectors Stirrat & Goetz Investment Company and Moore Building Company.
The objections are to the effect that the lands of these
It was immaterial that the lot in question had been assessed in a large amount for other improvements. The only question to be determined was, could it be, and was it properly, assessable as receiving a special benefit from this improvement. Upon the question of interest being added to the condemnation awards, we have heretofore held that such awards bear interest. State ex rel. Donofrio v. Humes, 34 Wash. 347, 75 Pac. 348.
The order of the lower court in confirming the assessment roll is affirmed.
Rudkin C. J., Chadwick, Fullekton, and Gose JJ., concur.
Reference
- Full Case Name
- In re Third, Fourth and Fifth Avenues, Seattle
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Appeal — Review—Findings—Municipal Corporations — Assessments. Findings on conflicting evidence as to tbe extent of tbe district and tbe benefits from a local improvement assessment, will not be disturbed unless tbe evidence so clearly preponderates as to show abuse of discretion, and an arbitrary or manifestly oppressive judgment. Municipal Corporations — Assessments—Reasonableness. Tbe amount of previous assessment is immaterial on tbe question of tbe reasonableness of an assessment. Same — Reassessments—Interest. Upon a reassessment, interest on tbe amount of tbe condemnation awards is properly added.