Kadow v. Paul, 274 U.S. 175 (1927)

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Kadow v. Paul

No. 241

Argued March 16, 1927
Decided April 18, 1927
274 U.S. 175

ERROR TO THE SUPREME COURT

OF THE STATE OF WASHINGTON

Syllabus

1. Section 4439-6 of the Laws of Washington, 1923, which provides a supplemental assessment on the lands within drainage districts to make up any deficiency resulting from the elimination or avoidance of any original assessment, does not intend that the assessment of any landowner may thus be increased beyond the benefits derived by him from the improvement. P. 180.

2. Where part of the land in a special improvement district fails to pay its assessment and is appropriated and sold, any deficit thus arising may constitutionally be met by additional assessments on the lands of the district, provided the law operates uniformly as against all parts of it and the assessments of the respective landowners are not to exceed the benefits they receive from the improvement. P. 181.

134 Wash. 539 affirmed.

Error to a decree of the Supreme Court of Washington which affirmed a decree dismissing the petition in a suit brought by a number of the owners of land within a drainage district to restrain the making of the improvement and the issuance of bonds to pay for it.