City of Olympia v. Mann
Washington Supreme Court
Appeal from District Court, Thurston County. The facts are fully stated in the opinion. In the case of a municipal ordinance, the question is, whether it is within the powers granted in the charter, or necessary, as an implied power, to the exercise of the powers expressly granted. The propriety and mode of exercising the power is a question solely for the legislative body exercising it. It is a legislative and not a judicial question. Knoxville v. Bird, 47 Am.
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Appeal from District Court, Thurston County. The facts are fully stated in the opinion. In the case of a municipal ordinance, the question is, whether it is within the powers granted in the charter, or necessary, as an implied power, to the exercise of the powers expressly granted. The propriety and mode of exercising the power is a question solely for the legislative body exercising it. It is a legislative and not a judicial question. Knoxville v. Bird, 47 Am. Rep. 326; State v. Mott, 48 Am. Rep. 105. Courts will not investigate the reasonableness of an ordinance, unless the same is plainly…
1Opinion of the Court
The opinion of the court was delivered by
Anders, C. J.
Appellee being the owner of a vacant lot on Fourth street in Olympia, described as lot 1 in block 24, of the town (now city) of Olympia, and being desirous of erecting thereon a two-story frame building, to be used as store rooms and offices, applied to the city council of said city, in accordance with § 8 of ordinance No. 304 of said city, entitled: “An ordinance defining the fire limits and to protect property from fire,” approved April 24, 1889, for a permit to erect said building. The said lot being within the fire limits, as…
2Cases cited8 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
- Pye v. PetersonTexas Supreme Court · 1876
- City of Keokuk v. ScroggsSupreme Court of Iowa · 1874
- Wadleigh v. GilmanSupreme Judicial Court of Maine · 1835
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3Cited by12 opinions
- Jones v. City of CentraliaWashington Supreme Court · 1930
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- Bebb v. JordanWashington Supreme Court · 1920
- Fellows v. City of CharlestonWest Virginia Supreme Court · 1907
- Whitfield v. WhitfieldMississippi Supreme Court · 1870
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