Gaspord v. Washington County Planning Commission

Walter M. Gaspord and Josephine M. Gaspord brought this action to compel the Washington County Planning Commission to issue them a septic tank sewage system permit. The Washington County District Court granted their motion for summary judgment but later modified the judgment to allow the commission to' issue a permit which would order plaintiffs to install a drain field and fill over it if necessary. The commission claims the court erred in granting the motion for summary judgment. We agree.

Summary judgment is properly rendered only where there is no genuine issue of material fact in dispute…