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UNION ELE. & WARE. CO., INC. v. STATE EX REL. DOT

No. 26086-1-III.

183 P.3d 1097 (2008)

UNION ELEVATOR & WAREHOUSE COMPANY, INC., a Washington Corporation, Appellant, v. The STATE of Washington, by and through the DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Washington, Division 3.

May 15, 2008.

Attorney(s) appearing for the Case

Kevin W. Roberts, Dunn & Black PS, Spokane, WA, for Appellant.

Steve Edwin Dietrich, Attorney General of Washington, Karen S. Small, Office of the Attorney General, Olympia, WA, for Respondent.

SCHULTHEIS, C.J.

¶ 1 In 1998, Union Elevator & Warehouse Company, Inc., was forced to relocate its East Lind grain elevator after a Washington State Department of Transportation (DOT) highway project permanently closed Union Elevator's main access road, effectively putting the elevator out of business. A jury awarded damages to Union Elevator for losses resulting from the impaired access to its business.

¶ 2 Union Elevator built another grain...

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