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WEYERHAEUSER v. TACOMA-PIERCE COUNTY HEALTH

No. 29622-5-II.

96 P.3d 460 (2004)

William and Gail WEYERHAEUSER, Plaintiffs, v. TACOMA-PIERCE COUNTY HEALTH DEPARTMENT; Land Recovery, Inc.; Resource Investment, Inc.; Norman Lemay, Defendants. Concerned Residents on Waste Disposal, Appellant/Cross-Respondent, v. Tacoma-Pierce County Health Department, Respondent, Land Recovery, Inc.; Resource Investments, Inc.; Norman Lemay, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 2.

August 24, 2004.

Attorney(s) appearing for the Case

Robert Eugene Mack, Barbara Anne Henderson, Smith Alling Lane, Tacoma, WA, for Appellant.

Steven Snarkson Anderson, Daniel David Syrdal, Heller Ehrman White & McAuliffe LLP, Seattle, WA, for Respondents.

BRIDGEWATER, J.

Concerned Residents on Waste Disposal (CROWD) appeals from a declaratory judgment in favor of Land Recovery Inc. (LRI) and the Tacoma-Pierce County Health Department (TPCHD) concerning the application of Substitute Senate Bill (SSB) 5729 to the construction of a landfill. We hold that the trial court correctly construed the phrase "landfill facility" and the term "construction." We also hold that LRI's activities in drilling permanent wells in 1998...

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