HTK MANAGEMENT v. SEATTLE MONORAIL AUTH.

No. 76462-0.

121 P.3d 1166 (2005)

In the Matter of the Petition of the Seattle Popular Monorail Authority, a City Transportation Authority, to Acquire by Condemnation Certain Real Property for Public use as Authorized by Resolution No. 04-16. HTK MANAGEMENT, L.L.C., Appellant, v. SEATTLE POPULAR MONORAIL AUTHORITY, a/k/a Seattle Monorail Project, Respondent.

Supreme Court of Washington, En Banc.

Decided October 20, 2005.


Attorney(s) appearing for the Case

George Kresovich, Timothy D. Benedict, Hillis Clark Martin & Peterson, Seattle, for Appellant.

P. Stephen DiJulio, Roger Duane Mellem, Foster Pepper & Shefelman PLLC, Seattle, for Respondent.

William R. Maurer, Charity Osborn, Institute for Justice/WA State Chapter, Seattle, Jeanette Motee Petersen, Bellevue, for Amicus Curiae (Institute for Justice Washington Chapter).

Daryl A. Deutsch, Bellevue, for Amicus Curiae (Paul D. and Josephine M. Fiorito).

Paul Arley Harrel, Alan Lea Wallace, Williams Kastner & Gibbs PLLC, Seattle, for Other Party (Ampco System Parking).

John Robert Zeldenrust, King County Prosecutor's Office/Appellate Unit, Seattle, for Other Party (King County of Finance).

Larry John Smith, Graham & Dunn PC, Seattle, for Other Party (Rokan Partners).


MADSEN, J.

¶ 1 HTK Management, L.L.C. (HTK), a property owner in downtown Seattle, challenges a trial court order adjudicating public use and necessity that authorizes Seattle Popular Monorail Authority, a/k/a Seattle Monorail Project (SMP), a city transportation authority, to condemn its property to build a monorail station. In this case, both parties agree that the use of the property here for construction of public transportation is a fundamental "public use...

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