TV Tower Case Ruling Delayed
Judge Ed B. Powell said yesterday his decision in the Television Spokane case would be delayed for a few days because attorneys had asked permission to file additional citations of law. At a hearing on November 17, he had advised counsel he would announce his findings yesterday.
In a superior court complaint, Television Spokane, Inc., and Mr. and Mrs. Sidney W. Streeter sued KXLY-TV and the state park board. They asked the court to restrain KXLY-TV from proceeding with construction of a television tower on Mount Spokane and to hold a lease of state park property to KXLY to be void.
Streeters are owners of property on Browne’s Mountain, on which Television Spokane has an option to buy as a site for a television tower.
On November 17 attorneys for KXLY and the state board asked dismissal of the complaint on the grounds that Television Spokane had no capacity to sue. They contended that the park board was fostering the interests of the public in recreation by allowing park property to be used for a television tower.
Television Spokane had charged that the board exceeded its authority in permitting use of park property for an industry which might gradually take over a considerable area. The board’s jurisdiction was limited to recreation within the park, the plaintiff’s attorney argued.
Tuesday, November 25, 1952