Wright v. City of Tacoma
Washington Territory
Appeal from the District Court holding terms at Tacoma. Second District. This action was brought by an abutting property owner on a street ordered to be improved by the city of Tacoma, against said city and its treasurer, to restrain them from •collecting certain assessments levied upon his property, situate on said street, to pay for such improvement. The action was brought for himself and all others similarly situated.
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Appeal from the District Court holding terms at Tacoma. Second District. This action was brought by an abutting property owner on a street ordered to be improved by the city of Tacoma, against said city and its treasurer, to restrain them from •collecting certain assessments levied upon his property, situate on said street, to pay for such improvement. The action was brought for himself and all others similarly situated. The plaintiff sought equitable relief on the ground that the petition of abutting owners to the city council of Tacoma was insufficient in form and substance, and not signed…
1Opinion of the CourtJustice Langford
There are from the transcript two questions to be decided:
1. Whether the city council, by authority conferred upon that body by the city charter, had authority to form an assessment district for the purpose of grading a street, upon the petition presented to the council, which appears in the record.
2. If they had not, then, if appellants, lot owners in *414said district, stood by, without objection or protest, after notice of the intention of the city that it would proceed to-let the contract for grading, upon the hope of paying the contract price out of assessments upon appellants and other lot…
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