RUSTLEWOOD ASS'N v. MASON COUNTY

No. 22560-3-II.

981 P.2d 7 (1999)

96 Wash.App. 788

RUSTLEWOOD ASSOCIATION; a Washington corporation; Lynn R. Young and Beverly J. Young, trustees of the Young Family Revocable Trust; Catherine M. Jenkins, a single person; Margaret S. Clary, a widow, and Richard Pyle, a single man, as joint tenants; Dorcas J. Violet, a single person; Ron Baumer and Cathy Baumer, husband and wife; Bill McDowell, a single person; Gary A. Chase and Sharon G. Chase, husband and wife; Mathew DeJoseph, a single person; Robert Williams, a single person; William S. Walker, a single person; Orvin M. Lykstad and Audrey N. Lykstad, husband and wife; Franklyn H. Bishop and Joyce L. Bishop, husband and wife; Frank A. Hanson, a single person; Alvin G. Sechler and Shirley L. Sechler, husband and wife; Joseph E. Zorich and Vivienne M. Zorich, husband and wife; James K. Caldwell and Marilyn R. Caldwell, husband and wife; Kurt R. Pamperin and Anna Pamperin, husband and wife; Mark Johannessen and Elizabeth Johannessen, husband and wife; Thomas A. May and Shirley May, husband and wife; Steven J. Wilson and Debora J. Wilson, husband and wife; Troy Hart and Cheryl Hart, husband and wife; Orville Lapp and Shirley Lapp, husband and wife; Floyd Williams and Verna Williams, husband and wife; W.R. Merifield and Virginia C. Merifield, husband and wife; Charles R. Lively, and Mary T. Lively, husband and wife; Peter L. Stacey, a single person; Rorbert Gonzales and Betty Gonzales, husband and wife; Everett Scotton and Charnell Scotton, husband and wife; Fredrick M. Geiger and Frances P. Geiger, husband and wife; Marguerite B. Missler, a single person; Albert W. Semrau and Cozzette Semrau, husband and wife; Ivan O. Rusich, a single person; Ken C. Hill, a single person; Douglas L. Blanchard and Joanne M. Blanchard, husband and wife; Respondents/Cross-Appellants, v. MASON COUNTY, a legal subdivision of the State of Washington, Appellant/Cross-Respondents.

Court of Appeals of Washington, Division 2.

July 23, 1999.


Attorney(s) appearing for the Case

Michael E. Clift, Mason Co. Deputy Pros. Atty., for Appellant.

Stephen T. Whitehouse, Attorney at Law, Shelton, for Respondent.


OPINION ON RECONSIDERATION

HUNT, J.

Mason County appeals a summary judgment that declared illegal its Resolution 50-95. Resolution 50-95 imposed a fee upon Rustlewood residents to recoup the County's past expenditures for Rustlewood's sewer and water system that exceeded the fees collected from Rustlewood residents. These expenditures were made from a combined fund into which residents of Hartstene Pointe and Beard...

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