9

Office of the Corporation Counsel.
Seattle Washington, Nov 21st 1890
H W Miller, esq.,
City Clerk
Dear Sir:-
The accompanying petition of John Graf was referred to
me by the Board of Aldermen, as I understant it, for an opinion as
to whether the City is respeonsible under the facts stated in the
petition. In answer I have this to say:
First. The City has the power to grade and re-grade its
streets.
Second. If any person has built or put other valuable im-
provements on the old grade before its is changed by ordinance the
City is responsible to him for all the damages resulting to him
from such change of grade, but it is only such damages as result to
his building or improvements on the value of the lot by the change. The old charter,
which is still in force in that regard, and under which this change
of grade was made, provided for the appointment of a board of arbi-
trators to ascertain what such damages were if the city and its
citizen could not agree as to the amount to be paid. There were
damages, however, which were to be determined before the actual grading was made.
Third. the City is not responsible in damages for taking

...said Terrace
House, which had just been completed at an expense of $3000.00
The petitioner h as suffered loss by reason of said slide
to the buildings and improvements onsaid Lots amounting to at
least $6000.00, and that the loss by reasonof said slide is the
lots is at least $4000.00 making a total loss to said buildings