CENTRAL PUGET SOUND TRANSIT v. EASTEY

No. 55908-7-1.

144 P.3d 322 (2006)

CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional Transit authority, dba Sound Transit, Respondent, v. The HEIRS AND DEVISEES OF Jack K. EASTEY, also appearing of record as John Kline Eastey, deceased; Jack's Auto Parts, Inc., a Washington corporation; Richard Franklin Eastey, Sr., as personal representative of the estate of John Kline Eastey, deceased; Frank Coluccio Construction Company, a Washington corporation; Donald J. O'Neill, as trustee for William C. O'Gorman, a single man; United States Department of Treasury; King County, a municipal corporation; City of Seattle; and All Unknown Owners and All Unknown Tenants, Appellants.

Court of Appeals of Washington, Division One.

Publication Ordered October 9, 2006.


Attorney(s) appearing for the Case

Charles Kenneth Wiggins, Shelby R. Frost Lemmel, Wiggins & Masters PLLC, Bainbridge Island, WA, for Appellants.

Larry John Smith, Estera Felice Gordon, Matthew R. Hansen, Graham & Dunn PC, Seattle, WA, for Respondent.

Susan Delanty Jones, Alina Ann McLauchlan, Preston Gates & Ellis, LLP, Seattle, for Non-Party (City of Federal Way).


BECKER, J.

¶ 1 Sound Transit condemned a small strip of land to expand its right of way in front of Jack's Auto Parts, Inc., a store owned by the heirs of Jack Eastey. The Eastey interests offered relevant evidence tending to prove it was the take, not loss of access to the right of way, that would force them to move customer parking and the entrance from the front of the store to the side. Because the trial court's erroneous decision to exclude this evidence...

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