City of Seattle v. Byers

• Decision Date: 26 August 1909
• Citation: 103 P. 791,54 Wash. 518
• Parties: CITY OF SEATTLE v. BYERS et al.
• Court: Washington Supreme Court

103 P. 791

54 Wash. 518

CITY OF SEATTLE v. BYERS et al.

Supreme Court of Washington, En Banc.

August 26, 1909

Appeal from Superior Court, King County; Mitchell Gilliam, Judge.

Action by the City of Seattle against Allpheus Byers and others. From an adverse judgment, defendants appeal. Affirmed.

Byers &amp Byers and McBurney & Cummings, for appellants.

Scott Calhoun and Howard A. Hanson, for respondent.

CROW J.

This action was commenced in the superior court of King county by the city of Seattle against Alpheus Byers and others to condemn certain real estate for a street. The court adjudged a public use, damages were awarded by a jury, judgment was entered thereon, and the defendants have appealed.

The appellants contend that the trial court erred (1) in excluding evidence offered for the purpose of showing that the land was not being condemned for a public use; (2) in holding that the condemnation was for a public use; and (3) in excluding evidence offered by appellants to show value. Several years prior to the commencement of this action the city of Seattle condemned a strip of land 66 feet wide, through lots owned by appellants, for the opening of a street called 'Seventh Avenue North,' such street running north and south. After the condemnation, appellants had remaining of their lots a strip of land to the west of this street about 8 feet wide, east and west, by 120 feet long, north and south. West of this strip and contiguous thereto was a short street, known as 'Seventh Avenue,' running north and south for about 120 feet in the form of a cul-de-sac, and opening on Highland Drive which, running east and west, intersected it, and also intersected Seventh Avenue North. It will thus be seen that the cul-de-sac known as 'Seventh Avenue' was only separated from Seventh Avenue North by the 8-foot strip of land belonging to appellants. The record shows that the city is in this action attempting to condemn the strip of land so as to consolidate the cul-de-sac with Seventh, Avenue North thereby making the latter wider at this point by about 68 feet than it will be at any other.

Appellants contend that from this situation it becomes manifest that the strip of land sought to be taken is not needed for street purposes, that it is not in fact being taken for any such purpose, and that the use for which it is being taken is not public. The city council by ordinance determined that the strip was...