2016-05-09-minutes-public-works-study-session

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e. Assessments are fair and valid Facts overcome presumptions. "The issue of special benefits is a judicial question, subject to review by the courts .... This question is ordinarily one of fact, dependent upon the physical condition, locality and environment of the property involved, and the character of the improvement. It is presumed that an improvement is a benefit; that an assessment is equal or ratable to an assessment upon other property similarly situated; and that the assessment is fair." Trainman,uL)ra at 118. But, as the courts have said: "A presumption is not evidence and its efficacy is lostwhen the other party adduces credible evidence to the contrary .... Presumptions are the bats of the law, fitting in the twilight but disappearing in the sunshine of actual facts." In re Indian Trail Trunk Sewer Svs.35 Wn. App. 840, 843, 670 P.2d 675 (1983). Nevertheless, presumptions will prevail if not rebutted. [Elvidence of appraisal values and benefits is necessary to rebut these presumptions. Appellate review of such cases does not permit an independent evaluation of the merits . It is presumed that a local improvement benefits property unlessthe challenging party produces competent evidence to the contrary. The burden of proof shifts to the City only after the challenging partypresents x agpraisal evidence showing thatthe propertvwould not be benefited by the improvement. [Emphasis added.] Seattle v. Rogers Clothing, 114 Wash.2d 23, 229-231, 787 P.2d 39, 48 (Wash. 1990). 3. It is not always possible to assess the entire cost of an improvement against the property in a district. 4. Formula methods of assessment often produce disproportionate or otherwise unlawful assessments for some parcels. The relationship between the city and property owners can become adversarial, particularly at the time of the final assessment roil hearing. Local and Road improvement Districts Manual for Washington State S&h Edition 15