Opinion
No. 34857.
February 26, 1959.
Appeal from a judgment of the superior court for Pierce county, No. 136130, Soule, J., entered June 24, 1958, upon sustaining a demurrer to the complaint, dismissing an action to declare a city ordinance unconstitutional. Affirmed.
McMicken, Rupp Schweppe, Mary Ellen Krug, and Fredric C. Tausend, for appellant.
Crippen Flynn, for respondent.
Plaintiff commenced this action to have ordinance No. 323 of the town of Fircrest declared unconstitutional and to enjoin the town from adding to the city water supply
". . . a source of fluoridation approved by the State Department of Health . . . under the rules and regulations of the State Board of Health, such addition to be administered in a manner approved by the State Department of Health."
A demurrer was sustained to plaintiff's amended complaint; she elected not to plead further and now appeals from a judgment dismissing her action with prejudice.
The judgment is affirmed on the authority of Kaul v. Chehalis, 45 Wn.2d 616, 277 P.2d 352 (1954).
It is so ordered.
We dissent for all of the reasons urged in the three dissents in Kaul v. Chehalis (1954), 45 Wn.2d 616, 277 P.2d 352.