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IN RE PROPERTY LOCATED AT 14255 53RD AVE. S., TUKWILA

Nos. 51042-8-I, 51142-4-I, 51141-6-I.

86 P.3d 222 (2004)

In the Matter of PROPERTY LOCATED AT 14255 53RD AVE S., TUKWILA, KING COUNTY, WASHINGTON; Sheila Jeanne Malbrain and Lee Terrell, Respondents, In the Matter of property located at 14247 53rd Ave. S., Tukwila, King County, Washington; Carl Gorgey and "Jane Doe" Gorgey, husband and wife, Respondents, In the Matter of property located at 14415 53rd Ave. S., Tukwila, King County, Washington; Ralph and Thelma Kissinger as Trustees of the R & T Kissinger Living Trust, Respondents, v. Washington State Department of Agriculture, Appellant.

Court of Appeals of Washington, Division 1.

March 22, 2004.

Attorney(s) appearing for the Case

Christine Gregoire, Washington State Attorney General, Office of the Attorney General, Alan Copsey, Jerri Thomas, Atty. General's Ofc., Olympia, WA, for Appellant.

Kurt Denke, Seattle, WA, John Groen, Groen, Stephens & Klinge LLP, Bellevue, WA, for Respondents.

BECKER, C.J.

To prevent a widespread infestation by the citrus longhorned beetle, a dangerous pest, the State Department of Agriculture undertook to destroy all potential host trees near a location in Tukwila where five beetles accidentally escaped from quarantine. Litigation arose when several landowners refused to allow their trees to be destroyed unless they first received compensation. Because the Department justifiably took action necessary to avert a public...

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