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SPOKANE AIRPORTS v. RMA, INC.

No. 26538-2-III.

206 P.3d 364 (2009)

SPOKANE AIRPORTS, a Joint Operation with the City of Spokane and the County of Spokane, State of Washington, Appellant, v. RMA, INC., a Washington corporation, Respondent. RMA, Inc. d/b/a Spokane Airways, Plaintiff, v. Spokane International Airport, and the Airport Board, Defendant.

Court of Appeals of Washington, Division 3.

April 28, 2009.

Attorney(s) appearing for the Case

Robert Allan Dunn, Kevin W. Roberts, Dunn & Black PS, Michael C. Ormsby, K & L Gates LLP, Spokane, WA, for Appellant.

William D. Symmes, Matthew William Daley, Timothy Michael Lawlor, Witherspoon, Kelley, Davenport & Toole, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 Authority to condemn property for a public purpose is vested in the government. RCW 14.07.020 (empowering municipalities to acquire land by eminent domain for airport purposes). Here, an entity called Spokane Airports attempted to condemn property necessary for airport improvements. We conclude that Spokane Airports did not have the authority to do that, and we reverse and dismiss this condemnation action.

FACTS

¶ 2 The...

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