BESSELMAN v. CITY OF MOSES LAKE

No. 33180.

46 Wn.2d 279 (1955)

280 P.2d 689

S. BESSELMAN, Plaintiff, v. THE CITY OF MOSES LAKE, Defendant and Relator, THE SUPERIOR COURT FOR GRANT COUNTY, Max Church, Judge, Respondent.

The Supreme Court of Washington, Department Two.

March 7, 1955.


Attorney(s) appearing for the Case

Cunningham, Ries & Kenison, for relator.

Moberg & Calbom, for plaintiff.


HILL, J.

S. Besselman seeks to compel the city of Moses Lake to rezone three lots with state highway frontage from R-2 (residential) to M-1 (industrial). This the city in effect refuses to do unless Besselman will at his expense provide certain drainage or give the city an easement for a drainage ditch across one of his lots.

If, as the city contends, Besselman has created a drainage problem and a nuisance by filling...

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