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AMERICAN LEGION POST #149 v. WASH. DEPT. OF HEALTH

No. 79839-7.

192 P.3d 306 (2008)

AMERICAN LEGION POST #149, Appellant, v. WASHINGTON STATE DEPARTMENT OF HEALTH and the Kitsap County Health District, Respondents.

Supreme Court of Washington, En Banc.

September 11, 2008.

Attorney(s) appearing for the Case

Shawn Timothy Newman, Attorney at Law, Olympia, WA, for Appellant.

Pamela H. Anderson, Mark Hodgeman Calkins, Attorney Generals Office, Olympia, WA, Philip Andrew Bacus, Kitsap County Prosecutors Office, Port Orchard, WA, for Respondents.

FAIRHURST, J.

¶ 1 Appellant, American Legion Post No. 149 (Post) seeks review of a Thurston County Superior Court decision granting the respondents', Department of Health (DOH) and Kitsap County Health District (KCHD), motions for summary judgment and dismissing the case with prejudice. The questions presented in this case are whether the smoking in public places act (Act), chapter 70.160 RCW, prohibits smoking in the Post and, if it does, whether the prohibition...

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