The City’s Illicit Sidewalk Assessment

James Stanaford commenced suit yesterday against the city to recover $1,301.99 and interest on a grade assessment collected under protest. The complaint sets forth that June 23, 1890, ordinance 1,490 was passed providing for the grading of South Twelfth street, from Yesler avenue to Stacy street, including sidewalks; that a contract for the work was given to K. T. Smart, and the work abandoned December 20, 1890, leaving the street incomplete and impassable. The city passed ordinance 1,805, January 4, 1891, providing for the levy of an assessment for said pretended improvement, which was done, the total amount of the assessment on plaintiff's property being $1,301.98, which the officers proceeded to collect, but which the plaintiff paid under protest. July 2, 1891, the supreme court of the state handed down its decision in the case of John Wilson against the city of Seattle to 'quash and set aside said pretended levy and assessment for the so-called grading and improvement of South Twelfth street,' as set aside and quashing the levy and assessment as void and contrary to law. Last January the plaintiff presented his petition to the council for a return of his $1,301.99, which was adversely acted on March 6, 1894, until all the outstanding warrants drawn on the assessment were paid, the remainder, if any, to go towards liquidating the plaintiff's claim. He prays judgment against the city for the full amount with interest and costs.