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STATE v. BELMONT IMPROVEMENT CO.

No. 41826.

80 Wn.2d 438 (1972)

495 P.2d 635

THE STATE OF WASHINGTON, Respondent, v. BELMONT IMPROVEMENT COMPANY et al., Respondents, JOSEPH E. MALINOWSKI et al., Petitioners.

The Supreme Court of Washington, En Banc.

April 6, 1972.

Attorney(s) appearing for the Case

Charles E. Watts (of Moriarty, Long, Mikkelborg & Broz), for petitioners.

Slade Gorton, Attorney General, Thomas R. Garlington and John T. Hurley, Assistants, for respondents.

HALE, J.

Petitioners Joseph and Margie Malinowski, husband and wife, by certiorari (RCW 8.04.070) challenge an order of public use and necessity in eminent domain authorizing the state to take a strip of their property and utilize it for a public road so as to provide access to other property rendered virtually landlocked by a limited access highway project.

The state is constructing a limited access highway, SR 104...

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