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DAHL-SMYTH, INC. v. CITY OF WALLA WALLA

No. 19982-7-III.

38 P.3d 366 (2002)

DAHL-SMYTH, INC., a Washington corporation, Respondent, v. CITY OF WALLA WALLA, a municipal corporation, Appellant.

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

As Amended January 29, 2002.

Attorney(s) appearing for the Case

Richard G. Wernette, Walla Walla, for Appellant.

James K. Sells, Ryan, Sells, Uptegraft, Inc., Silverdale, for Respondent.

Robert G. Beaumier, Jr., Assistant Attorney General, Leslie C. Nellermore, Heller, Ehrman, White & McAulife, Seattle, Amicus Curiae.

KURTZ, C.J.

Dahl-Smyth, Inc. sued the City of Walla Walla under former RCW 35.13.280 (1965) after Walla Walla annexed certain areas in which Dahl-Smyth held an exclusive right to provide waste collection services. Dahl-Smyth initially sued under former RCW 35.13.280, which deals with annexation by non-code cities and is virtually identical to the language in former RCW 35A.14.900 (1967). Because Walla Walla is a code city, the applicable statute is former RCW 35A...

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