Brookens v. City of Yakima

Mr. and Mrs. Brookens (Brookens) appeal from a judgment dismissing their complaint for in- junctive relief. By complaint, the Brookens ask the City of Yakima (City) be enjoined from withdrawing the supply of domestic water to their 11-acre tract of property. Based on the counterclaim by the City, the Brookens were permanently enjoined from using city water except as specifically permitted in two existing contracts with the City.

The Brookens own an 11-acre tract in a low density residential area ¼ to ½ mile outside the corporate limits of Yakima, Washington. The City maintains water mains in…