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GRANT COUNTY FIRE PROTECTION DISTRICT NO. 5 v. CITY OF MOSES LAKE

Nos. 70090-7, 70499-6.

42 P.3d 394 (2002)

145 Wash.2d 702

GRANT COUNTY FIRE PROTECTION DISTRICT NO. 5, a municipal corporation; Wyatt D. Hanks and Annette Hanks, husband and wife, Appellants, v. CITY OF MOSES LAKE, a municipal corporation, Respondent. Busby International, Inc., a Washington corporation; D & L Foundry and Supply, Inc., a Washington corporation; Hanson Processing LLC, a Washington limited liability company; EKA Chemicals, Inc., a Delaware corporation; Pacific Northwest Sugar, L.P., a Washington limited partnership; Inland Terminals, Inc., a Washington corporation, Agri Beef Co., an Idaho corporation, Defendants. Yakima County Fire Protection District No. 12, a municipal corporation; Lyle E. Gapen and Max Seal, Appellants, v. City of Yakima, a municipal corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided March 14, 2002.

Attorney(s) appearing for the Case

Snure Law Offices, Clark Snure, Brian Snure, Des Moines, Christine Gregoire, Attorney General, Narda Pierce, Solicitor General, Olympia, for Appellants.

Elizabeth Thomas, Seattle, Raymond Paolella, Lawrence Peterson, Yakima, Peter Di-Julio, Seattle, Roger D. Wynne, Asst. Seattle City Attorney, Seattle, Michael Wyman, James Whitaker, Ephrata, for Respondents.

Greg A. Rubstello, Joseph Z. Lell, Seattle, Daniel B. Heid, Auburn City Attorney, Auburn, Amicus Curiae on Behalf of Washington Association of Municipal Attorneys.

Christine Gregoire, Attorney General, William Collins, Asst., Olympia, Amicus Curiae on Behalf of Attorney General.

BRIDGE, J.

In these consolidated cases, affected property owners and fire districts seek review of summary judgment orders denying their challenge to the constitutionality of the "property-owner-petition" method (petition method) of annexation. We hold that the petition method of annexation gives an impermissible privilege to owners of highly valued land, and therefore violates article I, section 12 of the Washington State...

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