Spokane County v. Certain Lots in City of Spokane

• Citation: 279 P. 724,153 Wash. 462
• Decision Date: 19 August 1929
• Docket Number: 21676.
• Parties: SPOKANE COUNTY v. CERTAIN LOTS IN CITY OF SPOKANE et al.
• Court: Washington Supreme Court

279 P. 724

153 Wash. 462

SPOKANE COUNTY v. CERTAIN LOTS IN CITY OF SPOKANE et al.

No. 21676.

Supreme Court of Washington

August 19, 1929

Department 1.

Appeal from Superior Court, Spokane County; Joseph B. Lindsley Judge.

Proceeding by Spokane County against certain lots in the City of Spokane and said City. From a decree in favor of plaintiff, defendant City appeals. Affirmed.

J. M Geraghty and Alex M. Winston, both of Spokane, for appellant.

Chas W. Greenough and A. O. Colburn, both of Spokane, for respondent.

FULLERTON J.

The Legislature of the state of Washington, at its extraordinary session of 1925-26, passed two separate acts relating to lands acquired by a county under general tax foreclosure sales. In the order in which they appear in the official publication of the laws of that session, they are designated as chapter 170 and chapter 171. Both acts originated in the Senate. The first of the mentioned acts was passed by that body on December 31, 1925, was passed by the House of Representatives on January 6, 1926, was signed by the presiding officers of both bodies of the Legislature on January 7, 1926, and was approved by the Governor on January 18, 1926. It is an amendment of a pre-existing statute, and reads, in so far as it is material to the present controversy, as follows:

'In any case where any property shall be struck off to or bid in by the county at any sale for general taxes, and such property shall subsequently be sold by the county, the proceeds of such sale shall first be applied to discharge in full the lien or liens for general taxes for which the same was sold, and the remainder, or such portion thereof as may be necessary, shall be paid to the city to discharge all local assessment liens upon such property, and the surplus, if any, shall be distributed among the proper county funds: Provided, That in any case where property subject to local improvement assessments, or taken over by a city or town on foreclosure of local improvement assessments, shall have been struck off to or bid in by any county at a sale for general taxes, the city or town levying such assessments may, at any time before resale by the county, redeem such property from the lien of general taxes upon payment of the face of such taxes with costs without penalty or interest: Provided, further, That where any city or town shall have bid in any property on sale for local improvement assessments, such city or town may redeem the property so bid in from the lien of any outstanding general taxes, where no certificates of delinquency have been issued to private persons, upon payment of the face of such taxes with costs, without penalty or interest.'

The second of the mentioned acts, after its passage by the Senate and transmission to the House of Representatives, was amended by that body, and was passed, as amended, on January 5, 1926. On its return to the Senate, that body, on January 6, 1926, passed the act as amended. It was signed by the presiding officers of the Legislature on January 7, 1926, and was approved by the Governor on January 18, 1926. The act is too extended to be set forth here at length. Its ultimate purpose is to empower a county, by a procedure in the superior court, to quiet its title to such lands as it has acquired at a general tax foreclosure sale. By the act, the county is given authority to include in one action all tracts of land where there is a defect in the foreclosure proceeding, or where there is an adverse claim to the property. It is provided that the action shall be an action in rem, and that the summons and notice prescribed by the act shall be served by publication in the official newspaper of the county, except in cases where a tract described in the summons and notice is in the actual, open, and notorious possession of some person or corporation, in which case the summons and notice shall be personally served. It is provided ( section 3, p. 473) that, where there are outstanding local improvement assessments against any of the real property described in the notice and summons, a copy of the notice and summons shall be served on the treasurer of the city or town within which such real property is situated within five days after such summons and notice is filed. The same section further provides that the notice and summons shall require all persons, firms, and corporations claiming any right, title, or interest in or to the lands described therein to appear within a specified time, 'and state in writing what right, title and interest they have or claim to have in and to the property described, and file the same with the clerk of the court, * * * and shall notify them that in case of their failure so to do, judgment will be rendered' against them 'determining that the title to said real property is in the county free from all existing adverse interests, rights or claims whatsoever.'

Sections 4 and 5 of the act read in part as follows:

'Sec. 4. Any person, firm or corporation who or which may have been entitled to redeem the property involved prior to the issuance of the treasurer's deed to the county, and his or its successor in interest, shall have the right, at any time after the commencement of, and prior to the judgment in the action authorized herein, to redeem such property by paying to the county treasurer the amount of the taxes for which the property was sold to the county, and the amount of any other general taxes which may have accrued prior to the issuance of said treasurer's deed, together with interest on all such taxes from the date of delinquency thereof, respectively, at the rate of twelve per cent per annum, and by paying for the benefit of the assessment district concerned the amount of principal, penalty and interest of all special assessments, if any which shall have been levied against such property and by paying such proportional part of the costs of the tax foreclosure proceedings and of the action herein authorized as the county treasurer shall determine. * * *

'Sec. 5. At any time after the return day named in the summons and notice the county shall be entitled to apply for judgment. In case any person has appeared in such action and claimed any interest in the real property involved adverse to that of the county, such person shall be given a three days' notice of the time when application for judgment shall be made. The court shall hear and determine the matter in a summary manner similar to that provided in section 11298 of Remington's Compiled Statutes, relating to judgment and order of sale in general tax foreclosure proceedings, and shall pronounce and enter judgment according to the rights of the parties and persons concerned in the action. * * *'

Section 8 of the act grants the right of appeal to the Supreme Court to any one feeling aggrieved by the decision of the superior court.

Section 9 provides: 'The judgment rendered in such action, unless appealed from within the time prescribed herein and upon final judgment on appeal, shall be conclusive, without the right of redemption upon and against every person who may or could claim any lien or any right, title or interest in or to any of the properties involved in said action. * * *'

Section 10 reads as follows: 'Sec. 10. Nothing in this act contained shall be construed to deprive any city or town, local improvement or special assessment district of its right to reimbursement for special assessments out of any surplus over and above the taxes, interest and costs involved.'

The acts did not take effect as laws at the same time. The first of the mentioned acts was without an emergency clause, and took effect in virtue of the provisions of the state Constitution (article 2, § 31) 90 days after the adjournment of the Legislature, namely, at 12 o'clock midnight of April 7, 1926. The other contained such a clause and took effect on its approval by the Governor, namely, on January 18, 1926.

Pursuant to the provisions of the last-mentioned statute, the county of Spokane began proceedings in the superior court of that county to quiet its title to certain lands which it had acquired at general tax foreclosure sales and which came within the designation of the act. The lands were specifically described in the notice and summons, and included therein were various tracts in the city of Spokane against which there were outstanding local improvement assessments levied thereon by that city. The city appeared in the proceedings, and filed (title and verification omitted) the following answer:

'Comes now the City of Spokane, a municipal corporation, and shows unto the court as follows:

'1. That it is a municipal corporation of the first class of the state of Washington.

'2. That this answering defendant has a right, title and interest in a portion of the real estate described in the summons and notice herein, in that as to a number of lots, tracts and parcels of land and other property set forth and described in the notice herein there are either local improvement assessments of the city of Spokane upon each of such parcels of property, or there have been local assessments thereon, and the city of Spokane has by proper legal proceedings acquired title thereto.

'Wherefore the city of Spokane prays that if any decree be entered herein, the said decree shall provide that as to any lots, tracts and parcels of land and other property upon which there are either local...