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YOUSOUFIAN v. OFFICE OF RON SIMS

No. 57112-5-I.

151 P.3d 243 (2007)

Armen YOUSOUFIAN, Appellant, v. The OFFICE OF RON SIMS, King County Executive, a subdivision of King County, a municipal corporation; the King County Department of Finance, a subdivision of King County, a municipal corporation; and the King County Department Stadium Administration, a subdivision of King County, a municipal corporation, Respondents.

Court of Appeals of Washington, Division 1.

February 5, 2007.

Attorney(s) appearing for the Case

Michael G. Brannan, Law Office of Michael G. Brannan, Seattle, WA, Rand F. Jack, Brett & Coats, Bellingham, WA, for Appellant.

John Robert Zeldenrust, Office of the Prosecuting Attorney, Seattle, WA, for Respondents.

Michele Lynn Earl-Hubbard, Davis Wright Tremaine LLP, Seattle, WA, Amicus Curiae on behalf of Allied Daily Newspapers of Washington, The Evergreen Freedom Foundation, The Washington Newspapers Publishers Association, The Washington Coalition for Open Government, The Seattle Community Council Federation, Reporters Committee for Freedom of the Press.

GROSSE, J.

¶ 1 The purpose of Washington's Public Disclosure Act is best served by basing penalties principally on the degree of the offending agency's culpability. Because King County's conduct in this case was grossly negligent, a penalty at the low end of the statutory range is unsustainable. We thus reverse and remand to the trial court for a determination of an appropriate penalty that is consistent with this opinion.

FACTS

¶ 2 Once...

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