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LANE v. PORT OF SEATTLE

No. 69157-1-I.

316 P.3d 1070 (2013)

178 Wn. App. 110

Arthur LANE; John Allerton, and Kenneth Gorohoff, Appellants, v. PORT OF SEATTLE; King County; BNSF Railway Company; GNP RLY, Inc.; and City of Redmond, Respondents.

Court of Appeals of Washington, Division 1.

November 25, 2013.

Attorney(s) appearing for the Case

David Florian Jurca , Bradley H. Bagshaw , Helsell Fetterman LLP, Seattle, WA, for Appellants.

Lori Marie Bemis , McGavick Graves, Tacoma, WA, James Edward Haney , Ogden Murphy Wallace, P.L.L.C., Paul J. Lawrence , Gregory J. Wong , Pacifica Law Group LLP, Ramer Bundlie Holtan Jr. , David Nelson Bruce , Duncan Emerson Manville , Savitt Bruce & Willey LLP, Timothy George Leyh , Katherine See Kennedy , Calfo Harrigan Leyh & Eakes LLP, Randall Thor Thomsen , Seattle, WA, Maurice (MARTY) L. Brimmage , Lacy M. Lawrence , Benjamin L. Mesches , Haynes and Boone, LLP, Dallas, TX, for Respondents.

BECKER, J.

¶ 1 The Port of Seattle purchased the Eastside Rail Corridor from Burlington Northern Santa Fe Railway Company (BNSF) for $81.4 million and sold portions to fellow respondents King County and the city of Redmond. Appellants contend the Port lacked statutory authority to make the purchase because the northern part of the corridor lies outside the port district and will not be used to run cargo to or from existing...

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