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CHELAN COUNTY v. NYKREIM

No. 71067-8.

52 P.3d 1 (2002)

146 Wash.2d 904

CHELAN COUNTY, a municipal corporation; Eric Gebelein and Rebecca Waud, husband and wife, and the marital community composed thereof; Joseph J. Straus and Mary Shima, husband and wife, and the marital community composed thereof; Gary Kincaid and Julienne Kincaid, husband and wife, and the marital community composed thereof; and David Bale and Melissa Bale, husband and wife, and the marital community composed thereof, Respondents, Cline Sweet and Kirsten Sweet, husband and wife, and the marital community composed thereof; Mel Simpson and Kim Simpson, husband and wife, and the marital community composed thereof; and John Peterson, a single man, Plaintiffs, v. Michael NYKREIM and Laurie Nykreim, husband and wife, and the marital community composed thereof; B. Rick Whitney and Vickie Whitney, husband and wife, and the marital community composed thereof; and William Kelly and Jane Kelly, husband and wife, and the marital community composed thereof, Petitioners.

Supreme Court of Washington, En Banc.

Decided July 25, 2002.

Attorney(s) appearing for the Case

John Groen, Bellevue, for Petitioner/Appellant.

Gary Riesen, Chelan County Prosecutor, Susan Himkle, Deputy, Wenatchee, for Appellee/Respondent.

James Hanken, Seattle, Respondent Intervenor.

Kristopher Tefft, Olympia, Amicus Curiae on behalf of Building Industry Association of Wa.

Benjamin Waggoner, Robin Rivett, Bellevue, Amicus Curiae on Behalf of Oacific Legal Foundation.

SMITH, J.

Petitioners (Michael K. Nykreim and Laurie A.Nykreim, husband and wife; B. Rick Whitney and Vickie L. Whitney, husband and wife; and William J. Kelly and Jane E. Kelly, husband and wife) seek discretionary review of a decision of the Court of Appeals, Division Three, which affirmed summary judgment by the Chelan County Superior Court in favor of Respondents (Chelan County; Eric Gebelein and Rebecca Waud, husband and wife; Joseph J. Straus and Mary Shima...

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