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IN RE PETITION OF SEATTLE

No. 47556-3.

96 Wn.2d 616 (1981)

638 P.2d 549

In the Matter of the Petition of THE CITY OF SEATTLE. THE CITY OF SEATTLE, Appellant, SHERMAN CLAY & CO., ET AL, Respondents. In the Matter of the WESTLAKE PROJECT.

The Supreme Court of Washington, En Banc.

December 24, 1981.

Attorney(s) appearing for the Case

Douglas N. Jewett, City Attorney, Ellen D. Peterson, Assistant, and Wickwire, Lewis, Goldmark & Schorr, O. Yale Lewis, Jr., Thomas J. Brewer, and William H. Block, for appellant.

Bogle & Gates, Delbert D. Miller, Elaine L. Spencer, and Patricia H. Char, for respondents Sherman Clay, Berco, Edison Brothers Store, et al.

Lucas A. Powe and Thomas W. Bingham, for respondent Fidelity Mutual Savings Bank.

Ferguson & Burdell and Thomas J. Greenan, for respondent Mall, Inc.

William L.E. Dussault on behalf of Washington Coalition of Citizens With Disabilities and James R. Ellis and Catherine B. Roach on behalf of the Downtown Seattle Development Association and the Seattle Building and Construction Trades Council, amici curiae for appellant.

ROSELLINI, J.

This proceeding concerns a municipal improvement called the Westlake Project, proposed by the City of Seattle, a first-class city. The action was begun by the respondents, who are owners and lessees of properties located within the area which the project would embrace. They sought a judgment declaring invalid the ordinance adopting the project and providing for condemnation of property within the area (Seattle City Ordinance No. 108591). Before the suit...

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