In re Stolting

• Decision Date: 21 November 1924
• Docket Number: 18707.
• Citation: 230 P. 405,131 Wash. 392
• Court: Washington Supreme Court
• Parties: In re STOLTING et al. v. KUYKENDALL, Director of Department of Public Works. STOLTING et al.

230 P. 405

131 Wash. 392

In re STOLTING et al.

STOLTING et al. v. KUYKENDALL, Director of Department of Public Works.

No. 18707.

Supreme Court of Washington

November 21, 1924

Department 1.

Appeal from Superior Court, Thurston County; Wilson, Judge.

In matter of the application of R. H. Stolting, P.J. Mahoney, and others for certificate of necessity covering a certain public road. From an order of E. V. Kuykendall, Director of Department of Public Works for State of Washington, granting certificate to one Brown, R. H. Stolting and others appeal. Affirmed.

Paul W. Houser and Guie & Halverstadt, all of Seattle, for appellants.

John H. Dunbar, H. C. Brodie, and R. E. Ostrander, all of Olympia (Vance & Christensen, of Olympia, of counsel), for respondent.

PER CURIAM.

The appellants and one Brown made application to the department of public works for a certificate of necessity, covering the public road from North Bend to the North Bend Timber Company's camp No. 15, in this state. After a hearing at which all parties were given ample opportunity to present testimony, the department granted a certificate to Mr. Brown.

Time and again we have held that we will not interfere with the action of the department of public works on matters of this nature, unless its members have acted unfairly, arbitrarily, or in disregard of the testimony. State ex rel. G. N. R. Co. v. R. Com., 60 Wash. 218, 110 P. 1075; State ex rel. G. N. R. Co. v. Public Serv. Com., 81 Wash. 175, 142 P. 684; State ex rel. B. & M. Auto Freight v. Dept. of P. W., 124 Wash. 234, 214 P. 164; Northern P. Ry. Co. v. Dept. of P. W., 125 Wash. 584, 217 P. 508; State ex rel. United Auto Transp. Co. v. Dept. of P. W. (Wash.) 223 P. 1048. There is nothing in this case to indicate that the department did not fully consider the testimony and honestly exercise its judgment.

Such being the case, there is nothing for us to do but affirm the judgment, which is done.