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Washington Water Power Co. v. Kootenai County

United States Court of Appeals, Ninth Circuit
May 9, 1921
273 F. 524 (9th Cir. 1921)

Opinion


273 F. 524 (9th Cir. 1921) WASHINGTON WATER POWER CO. v. KOOTENAI COUNTY et al. No. 3546. United States Court of Appeals, Ninth Circuit. May 9, 1921

On petition for modification of opinion. Opinion modified.

For former opinion, see 270 F. 369.

PER CURIAM.

In the opinion filed we assume that tender made by the appellant was sufficient in amount to cover the taxes which should have been paid by the appellant, if the board of equalization had proceeded consistently with relation to the valuation put upon other like property, and that therefore no penalty was recoverable, notwithstanding our opinion that under the statutes of Idaho one liable to pay taxes, and who makes a tender of an amount insufficient to cover the amount of the taxes lawfully assessed, is liable for all penalties and interest upon any sum found to be due. We adhere to that view of the law, and, in addition to citations already made, refer to Power et al. v. Detroit, 139 Mich. 30, 102 N.W. 288, 5 Ann.Cas. 645, Spencer v. Babylon R. Co., 250 F. 24, 162 C.C.A. 196, and Rixey's Executors v. Commonwealth, 125 Va. 337, 99 S.E. 573, 101 S.E. 404. But we were mistaken in assuming it to be inapplicable to the facts. The tender made was on the basis of 55 per cent. of an actual valuation claimed by appellant in a sum much less than was the actual value of the property ($3,620,500) of appellant as determined by our decision. The tender, therefore, was substantially less than it should have been, and appellant made itself liable for penalties and interest upon the sum ascertained to be legally due.

This order of modification is to be construed with the opinion already filed.


Summaries of

Washington Water Power Co. v. Kootenai County

United States Court of Appeals, Ninth Circuit
May 9, 1921
273 F. 524 (9th Cir. 1921)
Case details for

Washington Water Power Co. v. Kootenai County

Case Details

Full title:WASHINGTON WATER POWER CO. v. KOOTENAI COUNTY et al.

Court:United States Court of Appeals, Ninth Circuit

Date published: May 9, 1921

Citations

273 F. 524 (9th Cir. 1921)

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