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

No. 72282-0.

64 P.3d 15 (2003)

148 Wash.2d 835

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

Supreme Court of Washington, En Banc.

Decided March 6, 2003.

Attorney(s) appearing for the Case

James Sells, Silverdale, Polly McNeill, Seattle, for Petitioner.

Richard Wernette, Walla Walla, for Respondent.

Robert Beaumier, Spokane, amicus curiae on behalf of City of Walla Walla.

Leslie Nellermoe, Seattle, amicus curiae on behalf of Waste Management of Wash.

Mary Spillane, David Wiley, Seattle, amicus curiae on behalf of Wash. Refuse and Recycling Ass'n.

BRIDGE, J.

This case requires us to determine how "measurable damages" should be calculated when a city annexes territory covered by the certificate of a private solid waste collection company. Former RCW 35A.14.900 (1996) provides that when a city annexes territory, the city may allow the territory's garbage hauler to continue to serve the territory for five years.1 If the city so chooses, the city must pay "any measurable damages as...

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