STATE v. PUD

No. 42710.

83 Wn.2d 219 (1973)

517 P.2d 585

THE STATE OF WASHINGTON, on the Relation of BLAINE M. MADDEN et al., Respondents, v. PUBLIC UTILITY DISTRICT NO. 1 et al., Appellants.

The Supreme Court of Washington, En Banc.

December 27, 1973.


Attorney(s) appearing for the Case

Hughes, Jeffers & Jeffers and Richard G. Jeffers, for appellants.

Blaine M. Madden and George A. Hymer, pro se.


UTTER, J.

Public Utility District No. 1 of Douglas County and its commissioners appeal from a writ of mandamus compelling them to grant respondents Madden and Hymer perpetual easements. These easements were granted pursuant to RCW 54.16.220 on land acquired by appellants from respondents.

This case presents three issues: (1) whether the trial court properly ruled that a prior common-law rule does not prevail over...

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