Thurston County v. Clausen

204 P. 787, 118 Wash. 653, 1922 Wash. LEXIS 717
CourtWashington Supreme Court
DecidedFebruary 24, 1922
DocketNo. 17045
StatusPublished
Cited by1 cases

This text of 204 P. 787 (Thurston County v. Clausen) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thurston County v. Clausen, 204 P. 787, 118 Wash. 653, 1922 Wash. LEXIS 717 (Wash. 1922).

Opinion

Tolman, J.

— This is an original proceeding by relators for the purpose of requiring respondent, as state auditor, to accept certain drainage district bonds and issue a warrant in payment therefor. The petition sets forth, among other things, the steps regularly taken under ch. 176 of the Laws of 1913, p. 611, and subsequent amendments thereto, by which drainage district No. 2 of Thurston county was established in January, 1919, and drainage district No. 4 of Thurston county was established in April, 1920. The improvements contemplated in district No. 2 were the drainage of the land on either side of the southerly end of Black lake by deepening and straightening the channel of Black river, which is the natural outlet of the lake and flows from the southerly end of the lake, emptying into the Chehalis river; and in district No. 4 it was pro[655]*655posed to drain lands on both sides of and lying northeasterly above the lake, by a ditch running northeasterly from the upper end of the lake to Percival creek, and thence into an arm of Puget Sound, near the city of Olympia. The boundaries of the two districts overlapped so that some 556 acres of land were in both districts, would presumably receive benefits from both districts, and be subject to assessments in both districts.

Prior to the organization of district No. 2, a report favorable to the proposed improvement had been made and filed by the county engineer, which included an itemized estimate of the cost of construction, amounting to $15,763.08. The county board, in October, 1919, by resolution adopted after hearing, as provided by law, ordered that the assessments levied upon the land benefited should be paid in ten annual installments; that temporary warrants should be issued to pay the costs of construction as the work progressed, and that, when the work was completed, bonds should be issued and sold to take up the warrants. The board of supervisors of the district assumed charge of the work and expended approximately $5,700 in its prosecution. In the meantime, upon á proper petition, due notice, and without objection, drainage district No. 4 was organized. The engineer’s estimate of the cost of the work proposed to be done was fixed at $18,050. Supervisors were elected but no construction work was begun, no expense was incurred except for organization expenses, and no bonds were authorized or issued.

In May, 1920, the supervisors of both improvement districts joined in a written request to the board of county commissioners of Thurston county, asking for a consolidation of the two districts. Thereupon the county board passed a resolution declaring its intention to order a consolidation, fixed a date for a hearing, [656]*656caused notiee to be properly given as the statute directs, and a hearing to be had at a time and place specified in the notice. • At such hearing there were no objections, and without opposition from any landowner, the county board passed a resolution consolidating the two districts into a consolidated district to be known as “Consolidated Drainage Improvement District No. 101 of Thurston County,” and fixed the boundaries of such consolidated district so as to include all of the land theretofore embraced in the two original districts, but did not describe it according to the boundaries of the two original districts, since to do so would have been, in terms, to include twice the 556 acres common to both districts by reason of the overlapping of their boundaries.

The board of supervisors of the consolidated district determined that the improvements contemplated by each of the original districts should be constructed and completed as one unit, and under the supervision of the county commissioners let a contract for the work as a whole, and thereafter the board of county commissioners duly provided that the costs of the improvement should be paid by the property owners in ten annual installments; that temporary warrants should be issued, and that when the work was' completed bonds of the consolidated district should be issued to cover the whole cost and take up the warrants; and still later an agreement was entered into between' the county board and the state reclamation board (now the department of conservation and development) by which the state reclamation board agreed to purchase the bonds upon the completion of the work. No engineer’s report or estimate was made or filed with the county board on behalf of the consolidated district, nor any public hearing had with reference to the improvement, other than the two reports made by the county engi[657]*657neer with reference to the two original districts, and the hearings had thereon, prior to the consolidation. The work has since been completed under contract and accepted by the county engineer, the costs of the improvement have been apportioned by the board of appraisers and assessments based thereon levied against the property benefited, all without contest or objection by any one, and the proceedings leading up to the levying of the assessments have all been regular and based upon due notice as required by statute. Nor has any appeal been taken from the order confirming the assessments. The total cost of the completed improvement for the consolidated district was $80,613.19, including the $5,700 expended by district No. 2 before the consolidation. Bonds for this amount have been duly issued and tendered to respondent as state auditor, and payment thereof demanded; but respondent has refused to accept the bonds and issue warrants in payment, upon the advice of the Attorney General.

We gather from his brief and argument that the Attorney General’s objections to the bonds are as follows :

(1) That the resolution of the county board establishing the consolidated district should have described it by the exterior boundaries of both the original districts, even though by such description some 556 acres of land would have been twice described, and, in fact, such description, when stripped of surplusage, would have embraced exactly what is embraced by the description which was adopted.

(2) That though the plans for the improvement contemplated by the separate and original districts were properly adopted, still, notwithstanding that fact, upon the organization of the consolidated district there should have been a public hearing before the [658]*658county board to adopt tbe plans for tbe improvement in the consolidated district.

(3) That the county engineer’s estimates of the cost of the drainage improvement of the two original districts totaled $33,813.08, while the whole cost of the completed improvement of the consolidated district was $80,613.19; that notwithstanding that § 16, Oh. 130, of the Laws of 1917, p. 523, provides that such estimates are “preliminary only and shall not be binding as a limit on the amount that may be expended in constructing such system,” yet such provision is unconstitutional when applied to the present case, in that the landowners in each of the original districts had no notice of the hearing for the establishment of the other district, and no opportunity to be heard as to the plan of improvements in the other district, and hence no opportunity to be heard upon the plan of improvement adopted for the consolidated district, which included the plans of both of the original districts; hence they have not had their day in court.

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Bluebook (online)
204 P. 787, 118 Wash. 653, 1922 Wash. LEXIS 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurston-county-v-clausen-wash-1922.