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YOUSOUFIAN v. OFFICE OF RON SIMS

No. 73763-1.

98 P.3d 463 (2004)

Armen YOUSOUFIAN, Petitioner, v. The OFFICE OF RON SIMS, King County Executive, a subdivision of King County, a municipal corporation; The King County Department of Finance, a subdivision of King County, a municipal corporation; and The King County Department of Stadium Administration, a subdivision of King County, a municipal corporation, Respondents.

Supreme Court of Washington, En Banc.

Decided September 30, 2004.

Attorney(s) appearing for the Case

David Joseph Balint, Michael G. Brannan, Law Office of Michael G. Brannan, Seattle, Rand F. Jack, Bellingham, for Petitioner.

Mark Gibson Stockdale, Seattle, for Respondents.

Michael John Killeen, Alison Page Howard, Davis Wright Tremaine LLP, Seattle, for Amicus Curiae (Allied Daily Newspapers of Wa) for Amicus Curiae (Wa Newspapers Publishers Assn).

Timothy Dunning Ford, Olympia, for Amicus Curiae (Building Industry Assn. of Wa).

Jan Elizabeth Brucker, Seattle, for Amicus Curiae (Citizens for a Livable Northgate) for Amicus Curiae (Seattle Neighborhood Coalition).

William John Crittenden, Patrick Denis Brown, Seattle, for Amicus Curiae (League of Women Voters of Seattle).

Maureen A. Hart, Olympia, for Amicus Curiae (State of Washington).

Edwin Klaich Inkley, Seattle City Attorneys Office, Seattle, for Amicus Curiae (Washington Association of Municipal Attorneys).

ALEXANDER, C.J.

We are asked to determine the proper application of a provision in the public disclosure act (PDA), RCW 42.17.340(4), which provides penalties for the failure to timely produce public records. Specifically, we must decide whether a trial court that has determined that a violation of the PDA has occurred (1) must assess a per day penalty for each requested record that was withheld in violation of the act and (2) has the authority to limit the number...

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