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CENTRAL PUGET SOUND REGIONAL TRANSIT AUTH. v. MILLER

No. 76284-8.

128 P.3d 588 (2006)

CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority, d/b/a Sound Transit, Respondent, v. Kenneth R. MILLER and Barbara I. Miller, husband and wife, and Miller Building Enterprises, Inc., a Washington corporation, Appellants, Northwest Community Bank, Designated Trustee Services, Inc., Bertram P. Weinman and Myra Weinman, Trustees of the Weinman Family Trust, Alan J. Wrye and Pansy D. Wrye, Vivian Bartlett, and All Unknown Owners and All Unknown Tenants, Defendants, Pierce County, a municipal corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided February 16, 2006.

Attorney(s) appearing for the Case

Charles A. Klinge, Diana M. Kirchheim, Groen Stephens & Klinge LLP, Bellevue, for Petitioner/Appellant.

Larry John Smith, Janis G White, Graham & Dunn PC, Seattle, David H. Prather, Pierce County Deputy Prosecutor, Civil Division, Tacoma, for Appellee/Respondent.

Timothy Ford, Olympia, for Amicus Curiae, Building Industry Assoc. of Washington.

FAIRHURST, J.

¶ 1 Kenneth R. Miller and Barbara I. Miller and Miller Building Enterprises, Inc., a construction company (hereinafter collectively Miller), own a large parcel of land in Tacoma near a railroad line. Central Puget Sound Regional Transit Authority, commonly known as Sound Transit, seeks to condemn this property to build a park-and-ride for a commuter rail transit station. To do so, Sound Transit must establish, among other things, that the condemnation...

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