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FUNK v. CITY OF DUVALL

No. 53967-1-I.

109 P.3d 844 (2005)

Robert A. FUNK, and Nedra R. Funk, husband and wife; David Benton and Joanne M. Benton, husband and wife; the Benton Family Trust; George Anderson and Bonnie J. Anderson, husband and wife; all individually and on behalf of their marital communities and on behalf of all members of the class of persons similarly situated, Appellants, v. CITY OF DUVALL, Washington, a municipal corporation; Patrick Lapic and Susan Lapic and their marital community; The Catholic Archdiocese of Seattle; Mike Maestro; Acres of Diamonds; Michael Subert; Safeway, Inc., a Delaware corporation; Stoneridge Investors, LLC, a Washington limited liability company; Shawn Mein; Joseph Cruz; Verle Bowe; And Douglas Hackenbruch, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered April 4, 2005.

Attorney(s) appearing for the Case

Chris L. Farias, James Albert Oliver, Short Cressman & Burgess, Seattle, WA, for Appellants.

John Mathias Stellwagen, Michael B. Tierney, Law Office of Michael B. Tierney, PC, Mercer Island, WA, for Respondents.

BECKER, J.

¶ 1 Appellants Funk, Benton, and Anderson own property in Duvall within the boundaries of a local improvement district formed by the City in 1974 to help finance the construction of the City's first sewage treatment plant and sewer system. The appellants paid assessments, but did not connect their properties to the sewer at that time. Years later, when they decided to develop their properties, they were unable...

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