City of Tacoma v. State
Washington Supreme Court
Appeal from Superior Court, Pierce County. Proceedings by the city of Tacoma against the State of Washington, Jos. Muller, Seymour R. Allen, H. C. Whitman, David Settlemier, H. O. Clement, J. H. Hall, Mary A. Shead, Baltzell & Rouse, C. M. Easterday, C. A. Gove, Samuel C.oulter, F. McDonald, Phoenix Land, Loan and Building Association, and C. P. Ferry, for the purpose of condemninglandsforthe opening and extension of Chicago avenue from Sixth, avenue to South Twelfth street…
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Appeal from Superior Court, Pierce County. Proceedings by the city of Tacoma against the State of Washington, Jos. Muller, Seymour R. Allen, H. C. Whitman, David Settlemier, H. O. Clement, J. H. Hall, Mary A. Shead, Baltzell & Rouse, C. M. Easterday, C. A. Gove, Samuel C.oulter, F. McDonald, Phoenix Land, Loan and Building Association, and C. P. Ferry, for the purpose of condemninglandsforthe opening and extension of Chicago avenue from Sixth, avenue to South Twelfth street in the city of Tacoma. From a judgment sustaining a demurrer of defendants to the petition, the city appeals,
1Opinion of the Court
The opinion of the court was delivered by
Stiles, J. —
A demurrer to the petition of the city of Tacoma, addressed to the superior court of Pierce county, in proceedings taken to condemn certain lands for the extension of streets, was sustained, and the city appeals from the judgment entered thereon. The main ground of the court’s decision was that, at the time of the petition, May 9, 1891, there was no law in force in this state in pursuance of which a municipal corporation of the first class acting under a “ freeholders” charter, could exercise the power of eminent domain. The position of the…
2Cases cited3 opinions
- In re Open & Widen Willis AvenueMichigan Supreme Court · 1885
- Sholl v. German Coal Co.Illinois Supreme Court · 1887
- Allen v. JonesIndiana Supreme Court · 1874
3Cited by32 opinions
- Gasaway v. City of SeattleWashington Supreme Court · 1909
- City & County of San Francisco v. RossCalifornia Supreme Court · 1955
- Grays Harbor Boom Co. v. LownsdaleWashington Supreme Court · 1909
- HTK Management, L.L.C. v. Seattle Popular Monorail AuthorityWashington Supreme Court · 2005
- Htk Management v. Seattle Monorail Auth.Washington Supreme Court · 2005
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