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HOUSING AUTHOR. OF CITY OF EVERETT v. KIRBY

No. 62052-5-I.

226 P.3d 222 (2010)

HOUSING AUTHORITY OF the CITY OF EVERETT, a public body, corporate and politic, Respondent, v. Carroll KIRBY, and all other persons residing in the premises described herein, Appellant.

Court of Appeals of Washington, Division 1.

March 8, 2010.

Attorney(s) appearing for the Case

Scott R. Peterson, Attorney at Law, Seattle, WA, Michael David Kinkley, Michael D. Kinkley PS, Spokane, WA, for Appellant.

Lorna Sue Corrigan, Attorney at Law, Everett, WA, for Respondent.

LEACH, J.

¶ 1 Carroll Kirby appeals the superior court's order dismissing without prejudice the residential unlawful detainer action brought by the Housing Authority of the City of Everett (EHA), arguing that the court should have dismissed the action with prejudice. Kirby also appeals the court's orders denying his requests for attorney fees. Because the superior court lacked authority to proceed under the unlawful detainer statute, we hold that it was precluded...

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