Legal Opinion

Postel v. City of Seattle

Washington Supreme Court

Decided January 15, 1906No. 5884PublishedCited by 23 opinions

Appeal from a judgment of the superior court for King county, Joiner, J., entered July 1, 1905, upon sustaining a demurrer to the complaint, dismissing an action for damage to lots by reason of a change of grade.

1Opinion of the CourtFullerton, J.

The appellant is the owner of certain lots in the city of Seattle fronting on Republican street and First avenue North. On February 4, 1903, the city of Seattle passed an ordinance providing for the grading of the streets above named, and pursuant thereto the city caused the same to be graded, completing the work on October 3, 1904. The grade as planned called for deep cuts in front of the appellant’s property, and when completed his lots were left from fifteen to thirty feet above the surface of the streets, cutting off access to them except from the rear through a narrow alley over a steep…

2Cases cited3 opinions

  1. Born v. City of SpokaneWashington Supreme Court · 1902
  2. Scurry v. City of SeattleWashington Supreme Court · 1894
  3. Ehrhardt v. City of SeattleWashington Supreme Court · 1905

3Cited by23 opinions

  1. Kincaid v. City of SeattleWashington Supreme Court · 1913
  2. Wong Kee Jun v. City of SeattleWashington Supreme Court · 1927
  3. Henry v. City of LincolnNebraska Supreme Court · 1913
  4. Casassa v. City of SeattleWashington Supreme Court · 1913
  5. Cole v. City of SeattleWashington Supreme Court · 1911

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