Northern P. Ry. Co. v. City of Walla Walla

• Decision Date: 18 January 1921
• Docket Number: 16037.
• Citation: 114 Wash. 153,194 P. 962
• Court: Washington Supreme Court
• Parties: NORTHERN PAC. RY. CO. v. CITY OF WALLA WALLA.

194 P. 962

114 Wash. 153

NORTHERN PAC. RY. CO. v. CITY OF WALLA WALLA.

No. 16037.

Supreme Court of Washington

January 18, 1921

Department 2.

Appeal from Superior Court, Walla Walla County; E. C. Mills, Judge.

Action by the Northern Pacific Railway Company against the city of Walla Walla. From judgment for plaintiff, defendant appeals. Affirmed.

H. B. Noland, of Walla Walla, for appellant.

Geo. T Reid, J. W. Quick, and L. B. da Ponte, all of Tacoma, and John H. Pedigo, of Walla Walla, for respondent.

TOLMAN J.

The respondent as plaintiff brought this action to recover the sum of $152.68 paid by it under protest to discharge a special assessment against a portion of its right of way imposed by the city of Walla Walla for the improving of Valencia street in that city. The ground of objection to the assessment, and the only attack upon the regularity and sufficiency of the proceedings leading up to such assessment is stated in the complaint, as follows:

'That the property so assessed lies outside of and beyond a distance of 120 feet from the streets so to be improved and that the city commission of the city of Walla Walla had no jurisdiction or authority to pass said ordinance or assess plaintiff's right of way for and on account of the cost of said improvement in that blocks 5, 6, and 7 contained within said improvement district are 120 feet in depth, and the said city could not lawfully extend said district to a greater depth than 90 feet from the marginal line of the street or other places to be improved, and had said district been confined within said limits it would not have included any part of plaintiff's right of way hereinbefore described.'

The trial court made findings of fact supporting the allegations of the complaint, and entered judgment against the city for the amount prayed for, from which judgment the city appeals.

It appears that blocks 5, 6, and 7 of Green's Park addition fronting on the street to be improved are each platted as a distinct block 120 feet deep to a 15-foot street or alley and that respondent's right of way joins and abuts on this alley on the westerly or opposite side, or, in other words, the right of way is wholly outside of these blocks as platted, and separated from them by a public street or alley 15 feet wide. Blocks 2, 3, and 4 of Green's Park addition, also platted as separate and distinct blocks, lie westerly of the right of way, extending therefrom something like 150 feet to Bonnie Brae street, and the city, in fixing the assessment district, has treated...