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DES MOINES v. PUGET SOUND REGIONAL COUNCIL

No. 43100-5-I.

988 P.2d 27 (1999)

98 Wash.App. 23

The CITY OF DES MOINES, the City of Burien, the City of Federal Way, the City of Normandy Park, the City of Tukwila, Highline School District No. 401, and the Airport Communities Coalition, Appellants, v. The PUGET SOUND REGIONAL COUNCIL, The Executive Board of The Puget Sound Regional Council, The Port of Seattle, and The Commissioners of The Port of Seattle, Respondents. The City of Des Moines, the City of Burien, the City of Federal Way, the City of Normandy Park, the City of Tukwila, Highline School District No. 401, and the Airport Communities Coalition, Appellants, v. The Port of Seattle, and The Commissioners of The Port of Seattle, Respondents. City of Des Moines, a municipal corporation, Appellant, v. Central Puget Sound Growth Management Hearings Board, an agency of the State of Washington, and Port of Seattle, a municipal corporation, Respondents. The Airport Communities Coalition, and the City of Burien, the City of Des Moines, the City of Federal Way, the City of Normandy Park, the City of Tukwila, and Highline School District No. 401, Appellants. v. The Port of Seattle, and Greg Smith, the Hearing Examiner for the Port of Seattle, Respondents.

Court of Appeals of Washington, Division 1.

November 15, 1999.

Attorney(s) appearing for the Case

Peter J. Kirsch, Denver, CO, John William Hempelmann, Cairncross & Hempelmann, P.S., Seattle, Gary Neil McLean, Des Moines City Attorney, Des Moines, Thomas D. Roth, Perry M. Rosen, Cutler & Stanfield LLP, Washington, D.C., Michael R. Kenyon, Robert Franklin Noe, Issaquah, Londi K. Lindell, City of Federal Way, Federal Way, Wilton S. Vaill, Seattle, David Todd Hokit, Kent, for Appellants.

John Tayloe Washburn, Roger A. Pearce, Foster Pepper & Schefelman, Seattle, Linda J.N. Strout, Traci Marie Goodwin, Port of Seattle, Seattle, Marjorie Ann Smitch, Office of Attorney General, Olympia, David Alan Bricklin, Jennifer A. Dold, Bricklin & Gendler, Seattle, for Respondents.

AGID, A.C.J.

This is the second of three actions brought by the cities surrounding the Seattle Tacoma International Airport against the Port of Seattle, the Puget Sound Regional Council, and the City of Sea-Tac—the entities responsible for approving and implementing the Sea-Tac expansion project. All three actions essentially allege "that the GMA [Growth Management Act] requires at least one public entity ... to ensure...

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