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SMITH v. CITY OF KELSO

No. 26447-1-II.

48 P.3d 372 (2002)

112 Wash.App. 277

Julia SMITH and Huffman Smith, husband and wife; Ron Spahman and Jodi Spahman; and Michael Lowry and Kim Lowry, on behalf of themselves and all others similarly situated, Respondents/Cross-Appellants, v. CITY OF KELSO, a municipal corporation, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 2.

June 21, 2002.

Attorney(s) appearing for the Case

Donald L. Law, Olympia, for Appellant.

Steve W. Berman, Seattle, for Respondents.

ARMSTRONG, J.

A group of homeowners sued the City of Kelso after a severe landslide damaged or destroyed their homes. The homeowners allege that the City negligently approved the plat and building permit applications for their subdivisions and homes. They argue that the City failed to enforce ordinances requiring it to order soil and geology studies, which likely would have revealed the potential for landslides. The City moved for summary judgment, which the trial...

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