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COWLITZ COUNTY v. MARTIN

No. 34943-4-II.

177 P.3d 102 (2007)

COWLITZ COUNTY, a political subdivision of the State of Washington, Respondent, v. L. Carlyle MARTIN and Linda C. Martin, husband and wife; Lawrence Olstad and Roberta Kelly, husband and wife; Washington Mutual Bank; and U.S. Bank National Association ND, Appellants.

Court of Appeals of Washington, Division 2.

August 14, 2007.

Attorney(s) appearing for the Case

Robert Maurice Gregg, Attorney at Law, Vancouver, WA, for Appellants.

Ronald S. Marshall, Attorney at Law, Kelso, WA, for Respondents.

PENOYAR, J.

¶ 1 Cowlitz County filed a petition for condemnation to acquire an expanded easement over the Martins' property in order to replace the existing culvert for Baxter Creek at Coyote Lane. The trial court granted the petition, and the Martins appealed. Because the petition for condemnation contained no lawful basis, we reverse the trial court's order granting the petition.

FACTS

¶ 2 Sometime in early 2002, Cowlitz County decided...

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