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CITY OF BLAINE v. FELDSTEIN

No. 55837-4-I.

117 P.3d 1169 (2005)

CITY OF BLAINE, a Washington municipal corporation, Respondent, v. Freda FELDSTEIN and John Doe Feldstein, wife and husband and the marital community thereof; Sid Feldstein and Jane Doe Feldstein, husband and wife and the marital community thereof; Bonnie Feldstein and John Doe Feldstein, wife and husband and the marital community thereof; Sandra Grant and John Doe Grant, wife and husband and the marital community thereof; Lindsay Feldstein and John Doe Feldstein, wife and husband and the marital community thereof as Trust Beneficiaries with Sid Feldstein, Trustee; and Glenn Feldstein and Jane Doe Feldstein, husband and wife and the marital community thereof as Trust Beneficiaries with Sid Feldstein, Trustee; and any and all other person(s) claiming an ownership interest therein, Appellants.

Court of Appeals of Washington, Division One.

August 15, 2005.

Attorney(s) appearing for the Case

Greg Greenan, Zender Thurston P.S., Bellingham, WA, for Appellants.

Jonathan K. Sitkin, Richard A. Davis III, John R. Neumann, Chmelik Sitkin & Davis PS, Stephen Richard Fallquist, Bellingham, WA, for Respondent.

COLEMAN, J.

¶ 1 Under the Washington State Constitution, a city may condemn private property for public uses. Here, the City of Blaine petitioned to condemn property to build a public boardwalk in downtown Blaine. Because (1) the trial court did not abuse its discretion in determining that an evidentiary hearing was not required, (2) a public boardwalk constitutes a public use under RCW 8.12.030, (3) the particular boardwalk proposed by the City constitutes a...

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