Legal Opinion

Seattle Land & Improvement Co. v. City of Seattle

Washington Supreme Court

Decided February 28, 1905No. 5373PublishedCited by 33 opinions

Appeal from a judgment of the superior court for King county, Bell, J., entered July 16, 1904, upon sustaining a demurrer to the complaint, dismissing an action to enjoin certain use of lands appropriated for a public park.

1Opinion of the CourtRoot, J.

Appellant brought this action to enjoin the respondents from diverting the use of certain land to another purpose than that for which it is claimed said land Was acquired by the city. The material facts are about these: The city duly enacted an ordinance with the following title:

“An ordinance providing for the condemnation and appropriation of certain real estate for the purpose of the construction of retaining walls and slopes thereon, and draining*, bulk-heading, piling, surfacing, terracing, and otherwise improving the same, in order to protect certain streets, alleys and highways in the…

2Cases cited3 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Curran v. City of LouisvilleCourt of Appeals of Kentucky · 1886
  3. City of Brooklyn v. . CopelandNew York Court of Appeals · 1887

3Cited by33 opinions

  1. Reichelderfer v. QuinnSupreme Court of the United States · 1932
  2. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  3. Brown v. StateWashington Supreme Court · 1996
  4. Anderson v. ThomasSupreme Court of Louisiana · 1928
  5. HTK Management, L.L.C. v. Seattle Popular Monorail AuthorityWashington Supreme Court · 2005

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