Legal Opinion

State ex rel. McCullough v. City of Seattle

Washington Supreme Court

Decided September 24, 1910No. 8747PublishedCited by 3 opinions

Appeal from a judgment of the superior court for King county, Gilliam, J., entered March 14, 1910, in favor of the plaintiff, upon overruling a demurrer to the application, granting a writ of mandate to compel a city to pay surplus funds collected upon assessments for a local improvement.

1Opinion of the CourtCrow, J.

During the year 1905, the city of Seattle, by proper procedure, ordered the improvement of certain streets, *242created a local improvement district, levied and collected special assessment No. 1025, paid the cost of the improvement therefrom, and then had remaining in the special fund an excess of $1,085.99. The relator, F. D. McCullough, by assignment, represents a number of property owners who made payments into the fund. It is conceded that, if he is entitled to any recovery whatever, the sum of $304.06 is due and payable to him. Demand was first made upon the city by the relator or his…

2Cases cited18 opinions

  1. Campbell v. HoltSupreme Court of the United States · 1885
  2. New Orleans v. ClarkSupreme Court of the United States · 1877
  3. Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
  4. People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
  5. Grogan v. City of San FranciscoCalifornia Supreme Court · 1861

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3Cited by3 opinions

  1. City of Chehalis v. RobinsonWashington Supreme Court · 1915
  2. U. S. Oil & Refining Co. v. Department of EcologyCourt of Appeals of Washington · 1980
  3. Valleytown TP. v. Women's Catholic Order of ForestersCourt of Appeals for the Fourth Circuit · 1940

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