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TOM v. STATE

No. 29530-3-III.

267 P.3d 361 (2011)

164 Wash.App. 609

Gene H. TOM and Barbara Tom, husband and wife, Appellants, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Div. 3.

Publication Ordered November 8, 2011.

Attorney(s) appearing for the Case

Michael Edward De Grasse , Attorney at Law, Walla Walla, WA, for Appellant.

Andrea Vingo , Attorney General-Corrections Div., Olympia, WA, for Respondent.

PANEL: Judges SWEENEY, BROWN, SIDDOWAY.

SWEENEY, J.

¶ 1 This appeal follows the summary dismissal of a claim for damages based on inverse condemnation. The landowners' property was rezoned from agricultural to residential in 2004. But, for decades before the rezone, the neighboring state penitentiary had operated a firing range. And it continued to operate the range after the rezone. The noise from that range rendered the landowners' property unusable as residential property. We, nevertheless, conclude...

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