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SOUTH TACOMA WAY, LLC v. STATE

No. 82212-3.

233 P.3d 871 (2010)

SOUTH TACOMA WAY, LLC, a Washington limited liability company, Respondent, v. STATE of Washington, and Sustainable Urban Development #1, LLC, a Washington limited liability company, Petitioners.

Supreme Court of Washington, En Banc.

Decided June 24, 2010.

Attorney(s) appearing for the Case

Patrick J. Mullaney, Foster Pepper, P.L.L.C., Seattle, WA, for Petitioner.

Robert G. Casey, Attorney at Law, Tacoma, WA, Philip Albert Talmadge, Sidney Charlotte Tribe, Talmadge/Fitzpatrick, Tukwila, WA, Ann Elizabeth Salay, Andrea Vingo, Jay Douglas Geck, Office of the Attorney General, Olympia, WA, for Respondent.

C. JOHNSON, J.

¶ 1 This case asks us to determine whether the Washington State Department of Transportation's (DOT) sale of land in violation of statutory notice requirements under RCW 47.12.063(2)(g) is ultra vires and void. Also, we are asked to determine whether the bona fide purchaser doctrine applies under the facts of this case. The superior court held that the sale was not void and that the buyer was a bona fide purchaser. The Court of Appeals reversed...

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