SUPREME COURT OF WASHINGTON RULES HIGHWAY COMMISSION DID NOT ARBITRARILY SELECT ROUTE FOR A FREEWAY AND THE FREEWAY WAS NOT A NUISANCE

DEACONESS HOSPITAL BROUGHT ACTION AGAINST THE STATE HIGHWAY COMMISSION TO STOP LOCATION AND CONSTRUCTION OF A HIGHWAY WHICH WOULD PASS THROUGH SPOKANE WITHIN 65-70 FEET OF THE HOSPITAL'S NORTH WING. THEY ARGUED ON THE GROUNDS THAT THEY WERE AN ABUTTING OWNER, AND THAT THE COMMISSION HAD NOT COMPLIED WITH THE STATUTORY NOTICE AND HEARING REQUIREMENTS, HAD CHOSEN THE LOCATION ARBITRARILY AND CAPRICIOUSLY WHEN OTHERS WERE AVILABLE, AND WOULD BE CREATING A NUISANCE, IE., TRAFFIC NOISE AND FUMES, INTERFERENCE WITH ACCESS ROUTES, AND RESTRICTION OF ENJOYMENT OF HOSPITAL PROPERTIES. THE TRIAL COURT AWARDED THE JUDGEMENT TO THE HOSPITAL AND PROHIBITED THE CONSTRUCTION OF THE HIGHWAY. THE COMMISSION APPEALED TO THE SUPREME COURT WHO FOUND THAT SINCE THE ENTIRE WIDTH OF A ROADWAY, PARKING STRIPS AND SIDEWALKS ON BOTH SIDES WERE UNDISTURBED BY THE FREEWAY, DEACONESS WAS NOT AN ABUTTING TO AN EXISTING STREET AND, THEREFORE, WAS NOT ENTITLED TO STATUTORY NOTICE. THE COURT ALSO DECIDED IN FAVOR OF THE COMMISSION REGARDING THE OTHER POINTS WHICH THEY FOUND TO BE ERRONEOUS. (DEACONESS HOSPITAL VS. WASHINGTON STATE HIGHWAY COMMISSION, 403 P. 2D 54, JUNE 1965)

  • Supplemental Notes:
    • No 16, pp 1-3
  • Publication Date: 1966-2

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  • Accession Number: 00238612
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM