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TOWN OF OTHELLO v. HARDER

No. 33118.

46 Wn.2d 747 (1955)

284 P.2d 1099

THE TOWN OF OTHELLO, Respondent, v. HARRY HARDER et al., Appellants.

The Supreme Court of Washington, Department One.

June 9, 1955.

Attorney(s) appearing for the Case

George H. Freese, for appellants.

Caw & Caw, Robert J. Caw, Blythe B. Caw, Burcham & Blair, Robert E. Blair, and Lewis H. Orland, for respondent.

DONWORTH, J.

This is an eminent domain proceeding initiated by the town of Othello to condemn an easement, approximately one and one-half miles long, for an effluent pipe line and wasteway as an addition to its sewerage disposal system over and across 960 acres of farm land owned by appellants.

On December 14, 1953, the town council enacted ordinance No. 130, which reads, in part, as follows:

"AN ORDINANCE AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE...

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