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SOUTH TACOMA WAY, LLC v. STATE

No. 36687-8-II.

191 P.3d 938 (2008)

SOUTH TACOMA WAY, LLC, a Washington limited liability company, Appellant, v. STATE of Washington; and Sustainable Urban Development # 1, LLC, a Washington limited liability company, Respondents.

Court of Appeals of Washington, Division 2.

September 3, 2008.

Attorney(s) appearing for the Case

Robert G. Casey, Attorney at Law, Tacoma, WA, Philip Albert Talmadge, Sidney Charlotte Tribe, Talmadge Fitzpatrick PLLC, Tukwila, WA, for Appellant.

Ann Elizabeth Salay, Office of the Attorney General, Olympia, WA, Patrick J. Mullaney, Ramsey E Ramerman, Foster Pepper PLLC, Seattle, WA, for Respondents.

QUINN-BRINTNALL, J.

¶ 1 South Tacoma Way, LLC (South Tacoma) appeals the trial court's grant of summary judgment in favor of the Washington State Department of Transportation (DOT) and Sustainable Urban Development # 1, LLC (Sustainable), arguing that (1) DOT's private sale of an alley to Sustainable without complying with RCW 47.12.063's notice requirements was ultra vires, (2) contracts in violation of RCW 47.12.063 are necessarily void, and (3) Sustainable...

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