O'BYRNE v. City of Spokane

Barnett, J. †

— The facts in this case are concisely set out in the memorandum opinion of the trial court from which we quote:

Sometime previous to December 19, 1961, Spokane School District No. 81 had acquired some forty-five to fifty acres of property, more or less rectangular in shape, in the northeast section of the City of Spokane, which area was bounded on the north by 37th Avenue, on the south by 44th Avenue, on the west by Regal Street, and on the east by Thor Street extended. Approaching this site from the north were three streets which were undedicated and unimproved, and which ended…