Clark v. City of Seattle
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Albertson, J., entered January 13, 1912, in favor of the plaintiffs, in an action for an injunction.
1Opinion of the CourtMorris, J.
It is sought in this suit to enjoin the city from occupying territory in front of respondents’ lots as a public street, upon the theory of a vacation by nonuser, as set forth in § 5673, Rem. & Bal. Code, as construed in Murphy v. King County, 45 Wash. 587, 88 Pac. 1115. This statute in effect is that any county road or part thereof which remains unopened for public use for five years after its authorization as a public highway is vacated.
Counsel for the city present a strong argument to the *317effect that this section should be limited to strictly county roads, and that it has no application to…
2Cases cited11 opinions
- Murphy v. King CountyWashington Supreme Court · 1907
- Webb v. Board of CommissionersSupreme Court of Kansas · 1893
- Shanline v. WiltsieSupreme Court of Kansas · 1904
- Konkel v. Town of PellaWisconsin Supreme Court · 1904
- Maire v. KruseWisconsin Supreme Court · 1893
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3Cited by1 opinion
- Cunningham v. WeedinWashington Supreme Court · 1914