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WEST v. PORT OF OLYMPIA

No. 60723-5-I.

192 P.3d 926 (2008)

Arthur S. WEST, Appellant, and David Koenig, Appellant, and Walter R. Jorgensen, an individual, and Eve Johnson, an individual, Appellants, v. PORT OF OLYMPIA, a Washington municipal corporation, Respondent, and Weyerhaeuser Company, a Washington corporation, Respondent.

Court of Appeals of Washington, Division 1.

July 21, 2008.

Attorney(s) appearing for the Case

Arthur West, Olympia, WA, pro se.

Bernard H. Friedman, Olympia, Philip A. Talmadge, Emmelyn Hart-Biberfeld, Talmadge Law Group PLLC, Tukwila, WA, William John Crittenden, Seattle, WA, for Appellants.

Carolyn A. Lake, Goodstein Law Group PLLC, Tacoma, WA, Eric J Camm, The Otto Law Group PLLC, Matthew R Hansen, Jeffrey A. Beaver, Graham & Dunn PC, Seattle, WA, for Respondent.

Michele L. Hubbard, Allied Law Group LLC, Seattle, Michael J. Reitz, Olympia, Leslie J. Olson, Olson & Olson PLLC, Seattle, for Amicus Curiae.

GROSSE, J.

¶ 1 This case involves three separate public disclosure requests for documents from the Port of Olympia (Port) regarding its lease negotiations with Weyerhaeuser Company. Because the Port had already executed the lease with Weyerhaeuser at the time of this request, the Port's reliance upon that exemption to withhold records was improper. Once an agency implements a policy or recommendation, records pertaining to that policy or recommendation no longer...

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