King County v. Mercer Island Sewer District

King County brought this action, alleging that an assessment levied by the defendant against its 40-acre park property on Mercer Island was so excessive as to constitute constructive fraud and asking that the assessment be reduced from approximately $34,000 to approximately $1,200. On the motion of the defendant, the action was dismissed at the close of the presentation of the plaintiff’s evidence.

The record shows that there is no dispute as to the legality of the formation of the defendant sewer district or the regularity of its proceedings prior to the levying of the assessment. It also…