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COTTON v. CITY OF ELMA

Nos. 23700-8-II, 24490-0-II.

998 P.2d 339 (2000)

100 Wash.App. 685

Jean A. COTTON, Appellant, v. CITY OF ELMA, a municipal corporation; David Osgood and Rhonda Osgood, husband and wife; Dan Piper and "Jane Doe" Piper, husband and wife; Norma Johanson, a single woman; Harry Henneck, Jr., a single man; Norman Oschner and "Jane Doe" Oschner, husband and wife; "John Doe" Thurman and Debbie Thurman, husband and wife; and David Hatch, Respondents.

Court of Appeals of Washington, Division 2.

April 21, 2000.

Attorney(s) appearing for the Case

Therese Marie Wheaton, Cotton Law Offices, Elma, Melanie K. Hantze, Olympia, for Appellant.

Donald George Daniel, Law, Lyman, Daniel et al., Daniel O. Glenn, Glenn & Hoffman Ps, Olympia, for Respondents.

Susan J. Owens, Forks, for Amicus Curiae Municipal Court Judges Assoc.

SEINFELD, J.

In this quo warranto action, Jean A. Cotton, a former municipal court judge, claims that the City of Elma illegally appointed a replacement judge to her position. We hold that Cotton, by failing to object to the process that led to her replacement, has abandoned her claim to the office and, thus, is estopped from reclaiming the position through quo warranto.

FACTS

On January 20, 1995, City of...

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