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GOLDMARK v. McKENNA

No. 84704-5.

259 P.3d 1095 (2011)

172 Wn.2d 568

Peter GOLDMARK, as Chief Executive Officer of the Department of Natural Resources and Commissioner of Public Lands, Petitioner, v. Robert M. McKENNA, Attorney General, Respondent.

Supreme Court of Washington, En Banc.

Decided September 1, 2011.

Attorney(s) appearing for the Case

David Alan Bricklin , Bricklin & Newman, LLP, Seattle, WA, for Petitioner.

Robert M. McKenna , Attorney General's Office, Alan D. Copsey , Office of the Attorney General, Maureen A. Hart , Attorney at Law, Olympia, WA, for Respondent.

Michael D. Howe , Attorney at Law, Omak, WA, P. Stephen Dijulio , Adrian Urquhart Winder , Michael S. Schechter , Foster Pepper PLLC, Seattle, WA, for amicus counsel for Public Utility District No. 1 of.

C. JOHNSON, J.

¶ 1 In this original action brought in this court, Commissioner of Public Lands Peter Goldmark seeks a writ of mandamus to compel Attorney General Robert McKenna to pursue an appeal from a trial court decision in a condemnation action. Although McKenna provided representation at the trial court, he refused to pursue the appeal based on his evaluation of the merits of the case.

¶ 2 The attorney general is a constitutionally recognized...

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