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DES MOINES MARINA ASS'N v. CITY OF DES MOINES

No. 52757-6-I.

100 P.3d 310 (2004)

DES MOINES MARINA ASSOCIATION, A Washington non-profit corporation; Thomas Sitterley; Larry Shrout, and Ken Gindroz, Respondents/Cross-Appellants, v. CITY OF DES MOINES, a municipal corporation, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered October 25, 2004.

Reconsideration Denied October 28, 2004.

Attorney(s) appearing for the Case

Stewart Andrew Estes, Kimberly Joy Waldbaum, Keating Bucklin & McCormack, Seattle, WA, for Appellant.

Eric Rolf Stahlfeld, Attorney at Law, Seattle, WA, for Respondent.

SCHINDLER, J.

The Des Moines Marina Association (the Association), Association president Thomas Sitterley, and marina tenants Ken Gindroz, and Larry Shrout sued the City of Des Moines (the City) for adopting an ordinance to increase moorage rates at the city-owned marina. The Association, Sitterley, Gindroz and Shrout claimed that the City did not have authority to charge more than it cost to operate and maintain the marina, that charging nonresidents higher rates...

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