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PIERCE COUNTY v. STATE

No. 34423-8-II.

185 P.3d 594 (2008)

PIERCE COUNTY, a political subdivision of the State of Washington; Pierce County Regional Support Network, a division of Pierce County Department of Human Services; and Puget Sound Behavioral Health, a psychiatric facility owned by Pierce County Regional Support Network; Washington Protection and Advocacy System, Inc., Respondents/Cross-Appellants, v. STATE of Washington; and State of Washington, Department of Social and Health Services; Maryanne Lindeblad, in her official acting capacity as Director of Mental Health Division; and Andrew Phillips, in his official capacity as Chief Executive Officer of Western State Hospital, Appellants/Cross Respondents.

Court of Appeals of Washington, Division 2.

May 28, 2008.

Attorney(s) appearing for the Case

Deborah A. Dorfman, New York City Law Department, New York, NY, David B. Girard, Attorney at Law, Stacie Berger Siebrecht, Disability Rights Washington, Seattle, WA, for Defendant.

Carrie L. Bashaw, Attorney General's Office, William Lee Williams, Attorney at Law, Eric Nelson, Attorney General of Washington, Olympia, WA, for Appellant/Cross-Respondent.

Sanford E. Pitler, Michael F. Madden, Marie Renee Westermeier, Bennett Bigelow & Leedom PS, Linda O'neil Coleman, Quorum Review, Inc., Seattle, WA, for Respondent/Cross-Appellant.

ARMSTRONG, J.

¶ 1 Pierce County contracted with the State to provide short-term mental health care services to county residents. The contracts required the County not to exceed the number of hospital beds at Western State Hospital allocated to it under former WAC 388-865-0203 (2005), and to pay liquidated damages if it exceeded its allocation at a time when the number of patients at the hospital exceeded its overall funded capacity. When the County exceeded its...

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