State v. Superior Court of King County

• Decision Date: 23 April 1907
• Citation: 46 Wash. 303,89 P. 879
• Parties: STATE ex rel. NORTHERN PAC. RY. CO. et al. v. SUPERIOR COURT OF KING COUNTY.
• Court: Washington Supreme Court

89 P. 879

46 Wash. 303

STATE ex rel. NORTHERN PAC. RY. CO. et al. v. SUPERIOR COURT OF KING COUNTY.

Supreme Court of Washington

April 23, 1907

Application by the state, on the relation of the Northern Pacific Railway Company and another, for a writ of review to review the proceedings in the superior court of King county for the condemnation of land. Motion to quash granted, and application dismissed.

I. H Randolph and Wilson & Thorgrimson, for respondent.

FULLERTON J.

The city of Georgetown, in King county, passed an ordinance providing for the extension of a public street in that city known as 'Saunders Avenue' from a point near its present terminus to Rainier avenue. The street as projected crossed the tracks of the Northern Pacific Railway Company and the Columbia & Puget Sound Railroad Company, and condemnation proceedings were begun by the city against the companies to procure the necessary right of way. On the hearing the trial court adjudged that the contemplated use to which the city sought to appropriate the property was a public use, and ordered a jury impaneled 'to ascertain the just compensation to be paid the railroad companies for the property taken or damaged by the establishment of the street.' Thereafter the railroad companies applied ex parte to this court for a writ of review to review the proceedings of the lower court, and particularly the adjudication that the use for which the city sought to appropriate the property was a public use. The writ was granted, and on the return day appointed the city, as a part of its return, moved to quash the writ on the ground that it was improvidently issued, as the railroad companies had a plain, speedy, and adequate remedy by appeal.

The motion to quash must be granted. In this state the writ of review lies to review the judgment of an inferior court or tribunal only where there is no appeal, or in the judgment of the court no plain, speedy, and adequate remedy at law. Ballinger's Ann. Codes & St. § 5741. The act of the Legislature relating to condemnation proceedings for necessary public improvements by cities of the class to which the city of Georgetown belongs provides that the practice and procedure under the act in relation to taking appeals and the prosecution thereof shall be the same as in other civil actions. Laws 1905, p. 84, c. 55, § 50. In Puyallup v. Lacey, 86 P. 215, we held that this language made the general statutes...