State Ex Rel. Cheslock v. Superior Court

Simpson, J

Relator seeks a writ of prohibition to restrain the superior court of Pierce county from quashing a restraining order issued by that court September 30,1941, in an action in which relator was plaintiff and the city of Tacoma defendant.

The record discloses the following facts: Relator and others similarly situated own real property in the vicinity of Hylebos creek, a stream emptying in Hylebos waterway, an arm of Commencement Bay, which is a portion of Puget Sound. Prior to July, 1931, the city of Tacoma constructed a road across Hylebos creek near where it enters Hylebos waterway,…