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BENCHMARK LAND CO. v. CITY OF BATTLE GROUND

No. 70659-0.

49 P.3d 860 (2002)

146 Wash.2d 685

The BENCHMARK LAND COMPANY, an Oregon limited liability company, Respondent, v. CITY OF BATTLE GROUND, Washington, a municipal corporation of the State of Washington, Petitioner.

Supreme Court of Washington, En Banc.

July 11, 2002.

Attorney(s) appearing for the Case

William D. Kamerrer, Olympia, for Petitioner.

Leanne M. Bremer, Vancouver, Ronald Franz, Seattle, for Respondent.

Bob Sterbank, Federal Way, amicus curiae on behalf of Wash. Ass'n of Wash. Attys.

Brent Boger, Vancouver, Timothy Harris, Robin Rivett, Russell Brooks, Bellevue, amicus curiae on behalf of Pacific Legal Foundation.

Greg Overstreet, Olympia, John Groen, Bellevue, Jodi Slavik, Olympia, amicus curiae on behalf on Building Industry Ass'n of Wash.

Pamela Loginsky, Olympia, amicus curiae on behalf of Wash. Ass'n of Prosecuting Attys.

Douglas Kendall, Washington, DC, Christine Gregoire, Atty. Gen., Roger Wynne, Asst. Atty. Gen., Seattle, amicus curiae on behalf of Ass'n of Wash. Cities.

IRELAND, J.

The City of Battle Ground sought review of the Court of Appeals' decision that the City unconstitutionally took property belonging to Benchmark Land Company by requiring Benchmark to make improvements to an existing street bordering its proposed subdivision as a condition to approving its plat application.

Finding that the City's condition for subdivision approval does not satisfy the substantial evidence standard of chapter 36.70C RCW, we hold...

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