In Re Dupont Street

(dissenting) — I am of the opinion that the judgment should be reversed, and the appellants granted the relief for which they pray.

In March, 1930, which was prior to the expenditure of any funds for the improvement of the three streets in question, Henry E. Juenemann and other property owners were unsuccessful in their effort to enjoin diversion of any part of the appropriation from its application toward the paving project.

State ex rel. Juenemann v. Superior Court, 157 Wash. 429, 289 Pac. 28, is not a bar to the right of appellants to question the validity of the special assessments made by…