Home/Washington Supreme Court/State Ex Rel. Frese v. City of Normandy Park

State Ex Rel. Frese v. City of Normandy Park

392 P.2d 207, 64 Wash. 2d 411, 1964 Wash. LEXIS 350
CourtWashington Supreme Court
DecidedMay 7, 1964
Docket37067
StatusPublished
Cited by5 cases

This text of 392 P.2d 207 (State Ex Rel. Frese v. City of Normandy Park) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Frese v. City of Normandy Park, 392 P.2d 207, 64 Wash. 2d 411, 1964 Wash. LEXIS 350 (Wash. 1964).

Opinion

Donworth, J.

Appellants are three residents of the City of Normandy Park (and their wives) who are seeking a reversal of the trial court’s denial of their petition for a writ of mandamus or prohibition which they filed to prevent the city from carrying out a proposed project for the collection, treatment, and disposal of sewage, pursuant to a contract with the Southwest Suburban Sewer District (executed by the two municipal corporations on May 29, 1962), relating to part of an area known as the Miller Creek Drainage Basin. 1 Respondents are the mayor and councilmen of the city who approved the execution of the contract with the Sewer District and enacted ordinance No. 130 establishing Local Improvement District No. 62-SS-l to facilitate the construction of a sewer system within the city. Appellants also sought to have the existence of the Local Improvement District declared illegal and void.

For convenience, the City of Normandy Park will be referred to as the City; the Southwest Suburban Sewer District will be .referred to as the Sewer District; and' Local Improvement District No. 62-SS-l will be referred to as the LID.

After a careful review' of the record, we are unable to state the essential facts of the case more succinctly than was done in the trial court’s findings of fact. Therefore, we quote findings Nos. 3 to 13, inclusive, which are as follows:

“III. During a period of more than the past fifteen years, residential development in the area, lying south of the City of Seattle, including and surrounding what is presently the City of Normandy Park, has given rise to sanitation problems and to various movements to provide a public sanitary sewage system in an area, partially encompassing Normandy *413 Park, known as Miller Creek Drainage Basin [a natural drainage area]. ... As a result of increasing residential development, Miller Creek, which flows through Normandy Park, and tributaries thereto, and the roadside ditches within the City of Normandy Park became polluted. Attempts of the Southwest Suburban Sewer District to *414 serve the southerly and westerly portion of Miller Creek Drainage Basin, including Normandy Park, had been impeded by objections and actions of residents (resulting in the incorporation of Normandy Park in 1953), who feared location of the treatment plant on Lot A, a platted recreation area privately owned in common by the owners of lots in Normandy Park. An attempt to provide sewerage service to the City of Normandy Park by annexation to the Southwest Suburban Sewer District failed to carry in an annexation election held in January 1960.

*413

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Bluebook (online)
392 P.2d 207, 64 Wash. 2d 411, 1964 Wash. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-frese-v-city-of-normandy-park-wash-1964.