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WOLFE v. BENNETT PS & E, INC.

No. 22810-6-II.

974 P.2d 355 (1999)

Lester E. WOLFE and Marilyn Wolfe, husband and wife, Plaintiffs, v. BENNETT PS & E, INC., a Washington corporation, et al., Respondent, v. Pierce County, a Washington municipal corporation and home rule charter county, Appellant.

Court of Appeals of Washington, Division 2.

April 9, 1999.

Attorney(s) appearing for the Case

Daniel Ray Hamilton, Deputy Prosecuting Attorney, Brian Thomas Comfort, Comfort, Davies & Comfort, Tacoma, for Petitioner Pierce County.

Rhys Alden Sterling, Hobart, for Respondent.

HUNT, J.

Pierce County appeals denial of its summary judgment motion, in which it sought dismissal as a third party defendant in a lawsuit brought by property owners Lester and Marilyn Wolfe against Bennett PS & E, Inc. for negligence in processing their short plat application. The County argues: (1) it is immune from this negligence suit under the public duty doctrine; (2) Bennett's failure to exhaust other remedies...

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