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CONCERNED RATEPAYERS v. PUD NO. 1

No. 67244-0.

983 P.2d 635 (1999)

138 Wash.2d 950

CONCERNED RATEPAYERS ASSOCIATION, a Washington non-profit corporation, Petitioner, v. PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, WASHINGTON, a Washington Public Utility also known as Clark Public Utilities, Respondents.

Supreme Court of Washington, En Banc.

Decided September 9, 1999.

Attorney(s) appearing for the Case

Aaron H. Caplan, Seattle, Amicus Curiae on Behalf of American Civil Liberties Union.

John S. Karpinski, Vancouver, for Petitioner.

Carney, Badley, Smith & Spellman, James E. Lobsenz, Seattle, for Respondent.

MADSEN, J.

We are asked to decide whether a public disclosure request for a technical document, which was reviewed, evaluated, and referred to by a public agency, constitutes "use" within the meaning of the Public Disclosure Act, thereby rendering the information a public record subject to disclosure. RCW 42.17.020(36) provides that any information which is "prepared, owned, used, or retained" by any state or local agency...

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