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EUGSTER v. CITY OF SPOKANE

No. 21853-8-III.

76 P.3d 741 (2003)

118 Wash.App. 383

Stephen K. EUGSTER, and Cheryl L. Rodgers, Appellants, v. CITY OF SPOKANE, Spokane Parking Public Development Authority, Spokane Downtown Foundation, Citizens Realty Co., Lincoln Investment Company, River Park Square L.L.C., R.P.C. II, National Association, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

September 16, 2003.

Attorney(s) appearing for the Case

Jerry L. Trunkenbolz, Trunkenbolz, Rohr PLLC, Laurel H. Siddoway, Michael L. Wolfe, David Groesbeck, Jillian A. Grabicki, Randall & Danskin, Spokane, WA, Margery Bronster, Bronster, Crabtree & Hoshibata, Honolulu, HI, John F. Bury, Stephen K. Eugster, Eugster Law Offices PSC, Christopher M. Grimes, Ford & Grimes PS, Spokane Valley, WA, for Appellant.

William F. Etter, Raymond F. Clary, Etter, McMahon, Lamberson & Clary PC, Leslie R. Weatherhead, Robert S. Magnuson, Christopher G. Varallo, Witherspoon, Kelley, James B. King, John D. Munding, Spokane, WA, Alain M. Baudry, Masion, Edelman, Borman & Brand, Minneapolis, MN, Michael F. Connelly, Milton G. Rowland, City Attorney's Office, Spokane, WA, for Respondent.

BROWN, C.J.

Today, we consider another dispute involving the public parking garage portion of Spokane's River Park Square shopping mall. The core issue is whether the superior court erred by issuing a writ of mandamus directing the City of Spokane to abide by an ordinance providing a contingent loan of parking meter revenue to cover garage expense shortfalls. We hold the City has a duty under the ordinance to offer the loan...

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