HTK MANAGEMENT, LLC. v. ROKAN PARTNERS

Nos. 58113-9-I, 58782-0-I.

162 P.3d 1147 (2007)

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. and Seattle Popular Monorail Project, Appellants, v. ROKAN PARTNERS and AMPCO Systems Parking, Respondents.

Court of Appeals of Washington, Division 1.

July 23, 2007.


Attorney(s) appearing for the Case

George Kresovich, Timothy Dwight Benedict, Hillis Clark Martin & Peterson, for HTK Management, L.L.C.

P. Stephen DiJulio, Sharon Elizabeth Cates, Foster Pepper PLLC, Seattle, for Seattle Popular Monorail Project.

Richard Carl Yarmuth, Jordan Gross, Yarmuth Wilsdon Calfo PLLC, Seattle, for Rokan Partners.

Paul Arley Harrel, Daniel W. Ferm, Megan L. Pedersen, Williams Kastner & Gibbs PLLC, Seattle, WA, for Ampco Systems Parking.

John R. Zeldenrust, Maragaret A. Pahl, Office of the Pros. Atty., Seattle, for King County Finance.


GROSSE, J.

¶ 1 The power of eminent domain is an inherent power of the state and redelegations of that power to private parties are invalid. Here, the Seattle Monorail Project agreed to assign its rights in an uncompleted condemnation proceeding to a private party. Because the Seattle Monorail Project did not have the power to make such an assignment, and because the Seattle Monorail Project's actions evidenced its intent to abandon the condemnation proceedings...

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