PIERCE CTY. HOUS. AUTH. v. MURREY'S DISP.

No. 19239-0-II.

936 P.2d 1 (1996)

86 Wash.App. 138

PIERCE COUNTY HOUSING AUTHORITY, a Washington municipal corporation, Respondent, v. MURREY'S DISPOSAL COMPANY, INC., apparently d/b/a Murrey's Disposal Co., Inc., a Washington corporation; Harold Lemay Enterprises, Incorporated, apparently d/b/a Lemay Enterprises, Inc., a Washington corporation; University Place Refuse Service, Inc., apparently d/b/a University Place Refuse Service, a Washington corporation; American Disposal Company, Inc., apparently d/b/a American Disposal Co., Inc., a Washington corporation; Lakewood Refuse Service, Inc., apparently d/b/a Lakewood Refuse Service, a Washington corporation; Appellants, and The Washington Utilities and Transportation Commission, a Washington state agency, Defendant.

Court of Appeals of Washington, Division 2.

October 11, 1996.


Attorney(s) appearing for the Case

Thomas Fitzgerald Ahearne, and Grover E. Cleveland, Foster Pepper & Shefelman, Seattle, for Respondent.

Polly L. McNeill and Andrew Michael Kenefick, Heller Ehrman White & McAuliffe, Seattle, Gregory J. Trautman, Assistant Atty. Gen., Olympia, and James K. Sells, McCluskey Sells Ryan Uptegraft & Decker, Bremerton, for Appellants.


BRIDGEWATER, Judge.

Murrey's Disposal Company, Inc., along with other private garbage collection companies (Haulers), appeal a grant of partial summary judgment and declaratory judgment allowing the Pierce County Housing Authority (PCHA) to haul and collect solid waste from its own buildings without obtaining a certificate from the Washington Utilities and Transportation Commission (WUTC). Because one of the express purposes in creating Housing Authorities is to provide...

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