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CITY OF FEDERAL WAY v. TOWN & COUNTRY

No. 39407-3-II.

252 P.3d 382 (2011)

CITY OF FEDERAL WAY, a Washington municipal corporation, Respondent, v. TOWN & COUNTRY REAL ESTATE, LLC, a Washington limited liability corporation; Frank A. Scarsella, taxpayer; Emil P. Scarsella, taxpayer; and the City of Tacoma, a Washington municipal corporation, Appellants.

Court of Appeals of Washington, Division 2.

As Corrected May 10, 2011.

Attorney(s) appearing for the Case

Richard R. Wilson , Hillis Clark Martin & Peterson PS, Seattle, WA, for Appellant.

Bob C. Sterbank , Kenyon Disend PLLC, Issaquah, WA, Peter Bruce Beckwith , City of Federal Way, Federal Way, WA, Duncan Mcgehee Greene , Jay Palmer Derr , GordonDerr LLP, Seattle, WA, for Respondents.

Grant David Wiens , Dionne & Rorick LLP, Seattle, WA, amicus counsel for Washington State Assoc. of Municipalities.

HUNT, J.

¶ 1 Town & Country Real Estate, LLC, Frank A. Scarsella, and Emil P. Scarsella (collectively "Town & Country") appeal the superior court's reversal of the City of Tacoma's hearing examiner's decision striking a State Environmental Policy Act (SEPA)1 traffic impact mitigation payment from Tacoma's conditional approval of a proposed residential development. Town & Country argues that (1) we must give special deference...

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