Legal Opinion · Dissent

Bowes v. City of Aberdeen

Washington Supreme Court

Decided May 31, 1910No. 8580Published

Appeal from a judgment of the superior court for Chehalis ■county, Sheeks, J., entered December 29, 1909, dismissing an action to enjoin a city from the prosecution of a public improvement, after a trial on the merits before the court without a jury.

1DissentFullerton, J.

(dissenting)—The legislature of the state of Washington, at its 1909 session, passed an act relating to filling lands by cities of the second and third classes. Laws 1909, p. 569, ch. 147 (Rem. & Bal. Code, § 7971 et seq.). Section 1 of the act provides that whenever the city council of any such city shall deem it necessary or expedient on account of the public health, sanitation, the general welfare, or other cause, to fill or raise the grades or elevation of any marsh lands, swamp lands, tide lands, or lands commonly known as tide flats, or any other low lands situated within the limits of…

2Cases cited13 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  3. Matter of Application of JacobsNew York Court of Appeals · 1885
  4. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  5. City of New Whatcom v. Bellingham Bay Improvement Co.Washington Supreme Court · 1896

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API