MANUFACTURED HOUSING COMMUNITIES v. STATE

No. 66831-1.

13 P.3d 183 (2000)

MANUFACTURED HOUSING COMMUNITIES OF WASHINGTON, a nonprofit Washington Corporation, Petitioner, v. The STATE of Washington; and Mobile Home Owners of America, Inc., a corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided November 9, 2000.


Attorney(s) appearing for the Case

Brent David Boger, Vancouver, Pacific Legal Foundation, Robin L. Rivett, Perkins, Coie, William R. Mauer, Bellevue, amicus curiae on behalf of Pacific Legal Foundation.

Stephen Overstreet, Olympia, amicus curiae on behalf of Building Industry Association of Washington.

Groen, Stephens & Klinge, John Maurice Groen, Bellevue, amicus curiae on behalf of Washington Association of Realtors.

Sandra M. Watson, Asst. Seattle City Atty., Ogden, Murphy & Wallace, Wayne Douglas Tanaka, Seattle, amicus curiae on behalf of Washington State Association of Muni.

Montgomery, Purdue & BlanMnship, John Douglas BlanMnship, Shoreline, Montgomery, Purdue & Blankinship, Michael E. Gossler, Seattle, Montgomery, Purdue & Blankinship, Jerry W. Spoonemore, Edmonds, for Petitioner.

Christine Gregoire, Atty. Gen., Jerri Lynn Thomas, Alan D. Copsey, Asst. Attys. Gen., Olympia, Bjorklund & Young, Dan Robert Young, Seattle, for Respondent.


IRELAND, J.

Manufactured Housing Communities of Washington challenges the constitutionality of chapter 59.23 RCW, the mobile home parks—resident ownership act, which gives qualified tenants a right of first refusal to purchase a mobile home park. Finding an unconstitutional taking of private property for private use in violation of amended article I, section 16 of the Washington State Constitution, we reverse the Court...

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