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CITY OF PASCO v. SHAW

No. 77195-2.

166 P.3d 1157 (2007)

CITY OF PASCO, Respondent, v. Bernard N. SHAW and B. Jean Shaw, husband and wife, and the marital community composed thereof; Columbia Basin Apartment Association, Robert Lee Gaines and Billie Jean Gaines, Manuela Vala, and Maria Galeana, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 13, 2007.

Attorney(s) appearing for the Case

Lucinda Jean Luke, Thomas A Cowan Jr., Attorney at Law, Richland, WA, for Petitioners.

Leland Barrett Kerr, Paine Hamblen Coffin Brooke & Miller LLP, Kennewick, WA, Laura Debacker McAloon, Kirkpatrick & Lockhart Preston Gates Ellis, Spokane, WA, for Respondent.

William R. Maurer, Institute for Justice, Charity Osborn, Attorney at Law, Seattle, WA, for Amicus Curiae Institute for Justice Washington Chapter.

Daniel Brian Heid, Auburn, WA, for Amicus Curiae Washington Association of Municipal Attorneys.

John Maurice Groen, Groen Stephens & Klinge LLP, Diana M. Kirchheim, Pacific Legal Foundation, Bellevue, WA, for Amicus Curiae Rental Housing Association of Puget Sound.

BRIDGE, J.

¶ 1 In 1997, the city of Pasco enacted Pasco Ordinance 3231, which requires landlords to submit certification every two years ensuring that their rental units have met all applicable health, safety, and building code requirements. The certification must be signed by a city enforcement officer, a certified private inspector, or a Washington licensed private structural engineer or architect. The petitioners, both landlords and tenants, challenge the...

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