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KIGHTLINGER v. PUBLIC UTILITY DIST. NO. 1

No. 29296-3-II.

81 P.3d 876 (2003)

119 Wash.App. 501

Garth KIGHTLINGER, Gary Scarbrough, Sid Sutherland, and Mark Williams, Respondents, v. PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, a/k/a Clark Public Utilities, Appellants.

Court of Appeals of Washington, Division 2.

December 16, 2003.

Attorney(s) appearing for the Case

Donald Stewart Cohen, Gordon, Thomas, Honeywell et al., Joan C. Foley, Attorney at Law, Seattle, WA, for Appellant.

Ben Shafton, Attorney at Law, Vancouver, WA, for Respondent.

Richard Allan Finnigan, Attorney at Law, Olympia, WA, for Amicus Curiae WA Independent Telephone Assoc.

ARMSTRONG, J.

Garth Kightlinger1 and several other Clark County taxpayers (the Taxpayers) sued Public Utility District No. 1 of Clark County, alleging that the PUD lacked statutory authority to engage in the business of repairing appliances other than those it sells or leases. Both parties moved for summary judgment; the trial court granted the Taxpayers' motion. On appeal, the PUD contends it...

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