Legal Opinion

State ex rel. Whitten v. City of Spokane

Washington Supreme Court

Decided August 29, 1916No. 13475PublishedCited by 6 opinions

Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered January 21, 1916, dismissing an action for a writ of mandamus, upon sustaining a demurrer to the application.

1Opinion of the CourtMorris, C. J.

Proceedings in mandamus to compel the city, through its officials, to institute condemnation proceedings and assess and pay damages claimed to have been suffered by relator’s property by reason of a regrade of the street in front thereof during the summer of 1911. A demurrer was sustained to the application for the writ, and relator appeals.

The claim for damages here sought to be enforced is of the same character as those attempted to be set up in Spokane v. Onst'me, 86 Wash. 4, 149 Pac. 1, in which several *668of the appellants, who were not made parties to the original condemnation suit, sought…

2Cases cited6 opinions

  1. Kincaid v. City of SeattleWashington Supreme Court · 1913
  2. Domrese v. City of RoslynWashington Supreme Court · 1916
  3. Thorberg v. City of HoquiamWashington Supreme Court · 1914
  4. Denney v. City of EverettWashington Supreme Court · 1907
  5. State ex rel. Brunn v. State Board of Medical ExaminersWashington Supreme Court · 1911

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3Cited by6 opinions

  1. Jacobs v. City of SeattleWashington Supreme Court · 1918
  2. Bock v. State Board of Pilotage CommissionersWashington Supreme Court · 1978
  3. Gillam v. City of CentraliaWashington Supreme Court · 1942
  4. State ex rel. Hawksworth v. CliffordWashington Supreme Court · 1924
  5. Collins v. Village of RichfieldSupreme Court of Minnesota · 1952

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