52 Wn.2d 497, In the Matter of the Petition of the CITY OF BELLINGHAM, a Municipal Corporation, for Authorization to Transfer Certain Real PropertyJOHN E. WESTFORD, as Mayor of the City of Bellingham, et al., Respondents, v. RAYMOND F. CHAMBERLAIN, Appellant

[No. 34608. Department One.      Supreme Court      June 16, 1958.]

In the Matter of the Petition of the CITY OF BELLINGHAM, a
           Municipal Corporation, for Authorization to Transfer
                          Certain Real Property.

JOHN E. WESTFORD, as Mayor of the City of Bellingham,
                et al., Respondents, v. RAYMOND F. CHAMBERLAIN,
                               Appellant.1

[1] MUNICIPAL CORPORATIONS - PROPERTY SALE OR OTHER DISPOSITION -RIGHT OF TAXPAYER TO APPEAL. A resident and taxpayer of the city of Bellingham had no right to appeal from a judgment of a trial court, entered under the provisions of Laws of 1953, chapter 133, 1 (cf. RCW 39.33.010), authorizing the transfer of certain city-owned land to Whatcom county, since the statute provides no right of appeal and this right is purely statutory in noncriminal cases.

[2] DECLARATORY JUDGMENT - PROCEEDINGS - JUDGMENT AND REVIEW -RIGHT OF APPEAL. An appeal by a resident and taxpayer of the city of Bellingham from a judgment authorizing the transfer of certain city-owned land to Whatcom county was not authorized under the declaratory judgment act (RCW 7.24), where there was a failure to comply with the jurisdictional requirement of RCW 7.24.110 that the attorney general be served, it was neither alleged nor proved that there would be any general damage to the taxpayers, nor was any attempt made to prove how the transfer would adversely affect the appellant either as a taxpayer or otherwise.

[3] SAME. In such a proceeding, an argument by the taxpayer that he would be damaged by the transfer of land because he would be taxed to repay county bonds issued to construct a health district building thereon, held to be insufficient to sustain the action.

[4] MUNICIPAL CORPORATIONS - PROCEEDINGS OF CITY COUNCIL - ORDINANCES - RIGHT TO CHALLENGE. The mere fact that a resident taxpayer and citizen disagrees with the discretionary decision of a city council provides no basis for a suit challenging the validity of the council's action.

Appeal from a judgment of the superior court for Whatcom county, No. 35794, Dawson, J., entered September 13, 1957, upon findings, granting a petition by a city to transfer certain real estate. Appeal dismissed.

Walter F. Fisher, for appellant.

Charles R. Olson, for respondent.


1 Reported in 326 P. (2d) 741.

[2, 4] See 174 A. L. R. 549; 37 Am. Jur. 799.