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PUD NO. 2 OF GRANT COUNTY, WASH. v. N. AMERICAN FOREIGN TRADE ZONE INDUSTRIES, LLC

No. 22894-1-III.

105 P.3d 441 (2005)

PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, WASHINGTON, a municipal corporation, Respondent, v. NORTH AMERICAN FOREIGN TRADE ZONE INDUSTRIES, LLC, a Washington limited liability company, Pacific Northwest Bank, a Washington banking corporation, Appellant.

Court of Appeals of Washington, Division 3, Panel Eight.

February 3, 2005.

Attorney(s) appearing for the Case

Frank R. Siderius, Siderius, Lonergan & Martin LLP, Seattle, WA, for Appellant.

David E. Sonn, Kari D. Kube, Jeffers, Danielson, Sonn & Aylward PS, Wenatchee, WA, Ray A. Foianini, Ephrata, WA, for Respondent.

BROWN, J.

This is a condemnation dispute between Grant County Public Utility District No. 2(PUD) and North American Foreign Trade Zone Industries, LLC (NAFTZI) involving land leased from NAFTZI by the PUD for its diesel power generation facility. We first decide whether the trial court erred in reconsidering and reversing an initial order declaring the PUD had given inadequate statutory notice of the initiating resolution...

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