Legal Opinion · Dissent

Northern Pacific Railway Co. v. Board of County Commissioners

Washington Supreme Court

Decided May 31, 1919No. 15087Published

Appeal from a judgment of the superior court for Yakima county, Holden, J., entered May 27, 1918, dismissing an action to restrain the collection of an assessment, after a trial on the merits.

1DissentMain, J.

(dissenting)—In my opinion, this case is controlled by the case of the Oregon-Washington R. & Nav. Co. v. Board of Com’rs of Yakima County, 103 Wash. 480, 175 Pac. 37, and upon the authority of that case, the judgment should be reversed.

In that case, the railway company’s right of way, figured as acreage, was assessed five times as much as the assessment of the adjoining property. It was there held that the assessment was upon a fundamentally wrong basis. In the present case, the railway company’s right of way, figured as acreage, is assessed fourteen or fifteen times as much as the…

2Cases cited1 opinion

  1. Oregon-Washington Railroad & Navigation Co. v. Board of CommissionersWashington Supreme Court · 1918

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