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PARKLAND LIGHT & WATER CO. v. TACOMA-PIERCE COUNTY BOARD OF HEALTH

No. 73734-7.

90 P.3d 37 (2004)

151 Wash.2d 428

PARKLAND LIGHT & WATER COMPANY, Fruitland Mutual Water Company, Mountain View-Edgewater Company, Summit Water and Supply Company and Spanaway Water Company, Appellants, v. TACOMA-PIERCE COUNTY BOARD OF HEALTH and The Tacoma-Pierce County Health Department, Respondents. Lakewood Water District, a special purpose municipal corporation, Appellant, v. Tacoma-Pierce County Board of Health and The Tacoma-Pierce County Health Department, Respondents. Citizens Opposing Fluoridation in Pierce County, Plaintiff, v. Tacoma-Pierce County Board of Health and The Tacoma-Pierce County Health Department, Defendants. City of Bonney Lake, Appellant, v. Tacoma-Pierce County Board of Health and The Tacoma-Pierce County Health Department, Respondents.

Supreme Court of Washington, En Banc.

Decided May 13, 2004.

Reconsideration Denied July 20, 2004.

Attorney(s) appearing for the Case

Dionne & Rorick, James Dionne, Jeffrey Ganson, Kay Slonim, Clifford Foster, Seattle, Geoffrey C. Cross PS Inc., Geoffrey Cross, Eric Maughan, Tacoma, Inslee Best Doezie & Ryder, Michael Ruark, Katherine Weber, Bellevue, Vandeberg Johnson & Gandara, G. Perrin Walker, Neli Espe, Tacoma, for Appellants.

Susan Lehne Ferguson, Tacoma Pierce County Health Dept., Tacoma, Preston Gates & Ellis, Paul Lawrence, Jay Carlson, Seattle, for Respondents.

Wayne Douglas Tanaka, Seattle, Amicus Curiae (City of Edgewood).

Robert Eugene Mack, Smith Alling Lane, Paula Tuckfield Olson, Law Offices of Grant & Associates, Tacoma, Amicus Curiae (Pierce County Dental Society).

Joyce A. Roper, Alan D. Copsey, Atty General's Ofc, Olympia, Amicus Curiae (Washington State Department of Health).

Robert Eugene Mack, Smith Alling Lane, Paula Tuckfield Olson, Law Offices of Grant & Associates, Tacoma, Amicus Curiae (Washington State Dental Association).

JOHNSON, J.

This case involves a dispute over the Tacoma-Pierce County Board of Health's resolution requiring municipal water districts and certain private water purveyors to fluoridate their water. Four sets of plaintiffs filed separate lawsuits against the Tacoma-Pierce County Board of Health (the Board) and the Tacoma-Pierce County Health Department (the Department), challenging the resolution's validity. The trial court granted summary judgment in favor of the...

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