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HOLMES HARBOR SEWER DIST. v. FRONTIER BANK

No. 52650-2-I.

96 P.3d 442 (2004)

HOLMES HARBOR SEWER DISTRICT, a special purpose Municipal corporation, Appellant, Cross-Respondent, v. FRONTIER BANK; P.O. Kerr, a partnership; Joseph Seabeck and Jane Doe Seabeck, husband and wife and the marital community comprised thereof, Defendants, Holmes Harbor Home Building LLC, a Washington limited liability company, Respondent, Cross-Appellant.

Court of Appeals of Washington, Division 1.

August 23, 2004.

Attorney(s) appearing for the Case

Elaine Louise Spencer, Graham & Dunn PC, Seattle, WA, for Appellant.

Michael Paul Ruark, Attorney at Law, Rosemary Anne Larson, Attorney at Law, Bellevue, WA, for Respondent.

BECKER, J.

Appellant Holmes Harbor Sewer District seeks review of a superior court order declaring the District's charge on unimproved lots in a utility local improvement district to be a tax on property rather than a regulatory fee. We reverse.

The Holmes Harbor Golf and Yacht Club subdivision is located in Island County. The subdivision, platted in the 1960's, consists of approximately 500 lots located around a golf course. The lots are small, and most were...

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