PORT OF OLYMPIA v. DESCHUTES CLINIC

No. 2854-2.

19 Wn. App. 317 (1978)

576 P.2d 899

THE PORT OF OLYMPIA, Respondent, v. DESCHUTES ANIMAL CLINIC, INC., ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

February 22, 1978.


Attorney(s) appearing for the Case

Stephen Way and Don Miles, for appellants.

John S. Lynch and Daniel D. Syrdal, for respondent.


REED, J.

Deschutes Animal Clinic, a Washington corporation, appeals from an amended order adjudicating public use and necessity entered by the trial judge in this eminent domain proceeding. The Clinic contends that the order is unlawful because (1) the Port, when acting to provide clear airspace, is limited to acquiring avigation easements and may not acquire land in fee, and (2) the Port failed to show that the taking of the land in fee was a matter of public...

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