Home/Washington Supreme Court/Cheney v. City of Mountlake Terrace

Cheney v. City of Mountlake Terrace

552 P.2d 184, 87 Wash. 2d 338, 1976 Wash. LEXIS 659
Washington Supreme Court·Decided July 22, 1976·No. 43805·Published·Cited by 55 cases

Opinion

Brachtenbach, J.

This action involves alleged violations of the State Environmental Policy Act of 1971 (SEPA), RCW 43.21C, and RCW 47.26 (which deals with the Urban Arterial Board) by the City of Mountlake Terrace (City) and the Urban Arterial Board (UAB) in the planning, construction, and approval of funds for an urban arterial project. Consolidated on appeal is a second action against the City for injunctive relief based upon the theory that construction of the subject road project constitutes a nuisance. Plaintiffs are residents of the City and own residential property abutting upon this portion of the arterial project. Both actions were dismissed by the trial court. We affirm.

The total road project, only part of which is the subject of this appeal, is a 2.2-mile urban arterial project which lies in a general east-west direction from its beginning point at approximately 76th Avenue West to its easterly terminus at Cedar Way in the City of Mountlake Terrace. The following illustration graphically depicts the project. The project was approved by the UAB in 1968 and was a joint venture between the UAB, the cities of Edmonds and Mountlake Terrace, and Snohomish County. Prior to its adoption as an urban arterial project, the project was established on the comprehensive plan for the City and was based upon the apparent need for such a facility demonstrated at that time. Subsequent traffic studies have demonstrated a continued need for this major east-west arterial.

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Cheney v. City of Mountlake Terrace, 552 P.2d 184, 87 Wash. 2d 338, 1976 Wash. LEXIS 659 (Wash. 1976).

552 P.2d 184 (Cheney v. City of Mountlake Terrace) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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