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SHOWALTER v. CITY OF CHENEY

No. 21548-2-III.

76 P.3d 782 (2003)

Thomas SHOWALTER and Robin Showalter, Respondents, v. The CITY OF CHENEY, Washington, A Washington Municipal Corporation, The State of Washington, Appellant.

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

September 23, 2003.

Attorney(s) appearing for the Case

Frank Conklin, Spokane, WA, for Appellant.

Brad E. Smith, Spokane, WA, for Respondents.

SCHULTHEIS, J.

During a downtown revitalization project, the City of Cheney ordered Thomas and Robin Showalter to remove a canopy attached to the front of their downtown tavern and resting on the sidewalk. The Showalters sued to enjoin the removal of the canopy. Although the trial court granted a partial summary judgment dismissing the Showalters' complaint, it held that removal of the canopy was a taking of private property for public use, subject to compensation...

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