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KING COUNTY COUNCIL v. PERSONNEL BD.

No. 17873-3-I.

43 Wn. App. 317 (1986)

716 P.2d 322

KING COUNTY COUNCIL, Petitioner, v. KING COUNTY PERSONNEL BOARD, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

March 31, 1986.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Ann Schindler, Deputy, for petitioner.

Norm Maleng, Prosecuting Attorney, and James Brewer, Deputy, for respondent Personnel Board.

Mary Ruth Mann, for respondent Hitch.

PER CURIAM:

The King County Council has filed a motion for discretionary review of a trial court decision denying the Council's motion for a voluntary nonsuit pursuant to CR 41(a)(1) of a writ of review proceeding instituted by the Council. The trial court determined that CR 41 did not apply and that its decision on the motion to dismiss was discretionary rather than mandatory. We grant review, reverse, and remand for dismissal of the action.

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