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CITY OF SEATTLE v. McCOY

No. 42873-0-I.

4 P.3d 159 (2000)

The CITY OF SEATTLE, a municipal corporation, and the Seattle Police Department, Respondents, v. Oscar McCOY and Barbara McCoy, husband and wife d/b/a Oscar's II, Appellants, Wilmer P. Morgan n/k/a Maagnus Morgan, a single man, and Gwen D. Dixon, a single woman; and Real Property Located at 2051 E. Madison Street, Seattle, Washington, County of King, Defendants.

Court of Appeals of Washington, Division 1.

July 17, 2000.

Attorney(s) appearing for the Case

David Robert Osgood, Seattle, for Appellants.

Shelley Jayne Hickey, Assistant City Attorney, Seattle, for Respondents.

David Zuckerman, Seattle, for Amicus Curiae (1) American Civil Liberties Union.

Jeanie J. Mohler, Office of City Attorney, Spokane, for Amicus Curiae (2) Wash. St. Assn. of Municipal Attorney.

Richard Dale Shepard, Tacoma, for Amicus Curiae (3) Northwest Legal Foundation.

John William Cobb, Deputy Prosecuting Attorney, Seattle, for Amicus Curiae (4) WA Assn. of Pros. Attorneys.

John Charles McCullough, Jr., Seattle, for Amicus Curiae (5 & 6) Rainier Chamber of Commerce Downtown Seattle Assn.

Artee Felicita Young, Seattle, for Amicus Curiae (7) Pac. N.W. Chapter Nat'. Black Chamber.

James Lawrence Varnell, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, for Defendants, Wilmer P. Morgan, Gwen D. Dixon.

APPELWICK, J.

Oscar and Barbara McCoy own Oscar's II, a restaurant and lounge in Seattle. The City of Seattle filed a complaint against the McCoys, alleging that the building constituted a drug nuisance under RCW 7.43, because of illegal drug activity on the premises. The trial court found that Oscar's "is a drug nuisance pursuant to Chapter 7.43 RCW and for one year shall be abated and closed to further operation of Oscar...

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