Cunningham v. Town of Tieton

This is a reverse eminent domain proceeding in which the respondent resident property owners recovered for unconstitutional damage to their properties adjacent to a sewage lagoon constructed and maintained by the town of Tieton in Yakima County.

The first five assignments of error challenge the sufficiency of the evidence while the remaining seven relate to instructions given or refused. We find no error and affirm.

The appellant constructed the lagoon above the wells which constituted the sole domestic water supply of the respondents. All of the sewage from the town, aggregating 80.000 gallons…