eBook details
- Title: City Longview V. Longview Co.
- Author : Department Two Supreme Court of Washington
- Release Date : January 20, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
BLAKE, J. -- This appeal presents the question whether, before all bonds of a local improvement district are retired, a municipality may make refunds to assessment payers out of the funds of the district. Corollary to this question issues are presented as to the liability of the municipality and an assessment payer, to whom refunds have been made, to the bondholders. There is a minor issue: timeliness of filing of the bondholders' claim with the city clerk. The issues are made up in two cases, which were consolidated for trial in the superior court and on appeal to this court. One case was brought by the city of Longview under the declaratory judgment act against The Longview Company and J. J. Lynn, J. H. Edwards, and F. J. Zeithamel, Jr. Lynn, Edwards, and Zeithamel are holders of bonds of local improvement districts the funds of which had been depleted by refunds to the Longview Company and other assessment payers. The other action was brought by them against The Longview Company to recover the amount of the refunds received by the latter.