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LAWSON v. CITY OF PASCO

No. 81636-1.

230 P.3d 1038 (2010)

Paul LAWSON, Petitioner, v. CITY OF PASCO, a municipal corporation, Respondent.

Supreme Court of Washington, En Banc.

April 15, 2010.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Talmadge/Fitzpatrick, Tukwila, WA, for Petitioner.

Leland Barrett Kerr, Kerr Law Group, Kennewick, WA, Vicki L. Mitchell, Paine Hamblen, L.L.P., Spokane, WA, for Respondent.

John Earl Woodring, Olympia, WA, Amicus Counsel for Manufactured Housing Communities of Washington.

Jack W. Hanemann, Jr., Olympia, WA, Amicus Counsel for Manufactured/Mobile Home Owners of America.

C. JOHNSON, J.

¶ 1 This case involves a challenge to a Pasco ordinance, former Pasco Municipal Code (PMC) 25.40.060 (2005), which prohibits the placement of recreational vehicles within mobile home parks, on the ground that the ordinance is preempted by the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), chapter 59.20 RCW. The superior court concluded that the ordinance is preempted by the MHLTA, and the Court of Appeals reversed. Lawson v. City of Pasco...

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