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PALERMO AT LAKELAND, LLC v. CITY OF BONNEY LAKE

No. 36385-2-II.

193 P.3d 168 (2008)

PALERMO AT LAKELAND, LLC, a Washington limited liability company, Respondent/Cross-Appellant v. CITY OF BONNEY LAKE, a Washington municipal corporation, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 2.

September 3, 2008.

Attorney(s) appearing for the Case

George Richard Hill, McCullough Hill PS, Seattle, WA, for Respondent/Cross-Appellant.

Lance M. Andree, Kathleen J. Haggard, Dionne & Rorick, Seattle, WA, for Appellant/Cross-Respondent.

BRIDGEWATER, J.

¶ 1 The city of Bonney Lake appeals the Pierce County Superior Court's decision that its system development charge (SDC) was unreasonable. We hold that the City arbitrarily adopted ordinance 1192 under which it assessed Palermo for connecting to the City's water system; thus, the ordinance was void, leaving the prior ordinance in effect. But the trial court erred when it applied a remedy that calculated the proper charge based on the City's expert...

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