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STATE EX REL. CLOSE v. MEEHAN

No. 33670.

49 Wn.2d 426 (1956)

302 P.2d 194

THE STATE OF WASHINGTON, on the Relation of Ralph M. Close, Appellant, v. A.R. MEEHAN et al., Respondents.

The Supreme Court of Washington, Department One.

October 18, 1956.

Attorney(s) appearing for the Case

Rice, Morrison & Lake, for appellant.

B.A. Farley, Paul F. Schiffner, and Roland C. Wightman, for respondents.

SCHWELLENBACH, J.

Since its incorporation, the city of Spokane has discharged its raw sewage into the Spokane river. The state department of health, by notice dated December 4, 1935, notified the city that a public nuisance existed in the Spokane and Columbia rivers resulting from such discharge of raw sewage, and ordered the city to abate the nuisance.

Subsequent thereto, the legislature enacted chapter 186 of the Laws of 1941, p. 529 (RCW 35.88.080), forbidding...

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