Legal Opinion

Howell v. City of Tacoma

Washington Supreme Court

Decided February 10, 1892No. 404PublishedCited by 7 opinions

Appeal from Superior Court, Pierce County. Action by Josephus S. Howell to restrain the city of Tacoma from enforcing the collection of an assessment for the improvement of Wayne street in said city. The court sustained a demurrer to defendants’ answer, and from judgment thereon defendants appeal.

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

The first question presented by the record in this case is as to the legality of a certain assessment for street improvements made by the city of Tacoma upon the lands of the respondent. It appears from the record, and from the admissions and briefs of counsel, that such improvement was upon a street situated in the suburban part of said city of Tacoma, where much of the land had not been platted into town lots. The city council, in construing the provisions of its charter, determined that the lots or parcels upon which they were authorized to…

2Cases cited3 opinions

  1. Hassen v. . City of RochesterNew York Court of Appeals · 1875
  2. Ellwood v. . City of RochesterNew York Court of Appeals · 1890
  3. Mayall v. City of St. PaulSupreme Court of Minnesota · 1883

3Cited by7 opinions

  1. Strout v. City of PortlandOregon Supreme Court · 1894
  2. Wead v. City of OmahaNebraska Supreme Court · 1905
  3. Lee v. City of OlympiaWashington Supreme Court · 1922
  4. Wingate v. City of TacomaWashington Supreme Court · 1896
  5. Edmonds Land Co. v. City of EdmondsWashington Supreme Court · 1911

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