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IRVIN WATER DIST. v. JACKSON PARTNERSHIP

No. 19244-0-III.

34 P.3d 840 (2001)

109 Wash.App. 113

IRVIN WATER DISTRICT NO. 6, a municipal corporation of the State of Washington, Appellant, v. JACKSON PARTNERSHIP, a Washington general partnership; William J. Lawson and Carol K. Lawson, husband and wife and the marital community comprised thereof; Stephen D. Schmautz and Tresa R. Schmautz, husband and wife and the marital community comprised thereof; Loren L. Faris and Cheryl J. Faris, husband and wife and the marital community comprised thereof; Gunning and Lawson Investments, a Washington general partnership, Theodore G. Gunning and Diane D. Gunning, husband and wife and the marital community comprised thereof, Respondents and Cross-Appellants, Pine Bluff Partnership, a Washington general partnership; Jeff K. Johnson and Kae A. Johnson, husband and wife and the marital community comprised thereof; Jeffrey L. McCloskey and Sherri N. McCloskey, husband and wife and the marital community comprised thereof; Ronald C. McCloskey and Sharon K. McCloskey, husband and wife and the marital community comprised thereof, Defendants.

Court of Appeals of Washington, Division 3, Panel Three.

November 15, 2001.

Attorney(s) appearing for the Case

Dennis P. Hession, Michael J. Miller, Richter-Wimberley, Spokane, for Appellant.

Robert Drummond, Spokane, for Respondents.

SWEENEY, J.

This is a dispute between real estate developers and Irvin Water District No. 6 over connection fees. The District provided the developers with water for fire and construction purposes. Later it substantially increased the connection charges. It did so before the developers actually applied for service and tendered the connection fees. The primary question before us is whether the District was committed to the...

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