Lindstrom v. District Board of Health Panhandle District I

SWANSTROM, Judge.

Peter and Kristeen Lindstrom applied to the District Board of Health, Panhandle District I (the Board), for a permit to replace their damaged sewage disposal system with another filtration system on their property. Relying upon state regulations the Board denied the permit, ruling that the Lindstroms could contract to connect their sewer to an adjacent privately owned system which discharged its effluent into the municipally owned system. The Lindstroms filed a complaint in the district court asking that the Board’s regulation be declared unconstitutional on its face.…