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CEDAR RIVER WATER v. KING COUNTY

No. 86293-1.

315 P.3d 1065 (2013)

178 Wash.2d 763

CEDAR RIVER WATER AND SEWER DISTRICT and Soos Creek Water and Sewer District, Appellants, v. KING COUNTY; Snohomish County; Alder Wood Water and Wastewater District; City of Algona; City of Auburn; City of Bellevue; City of Black Diamond; City of Bothell; City of Brier; City of Carnation; Coal Creek Utility District; Cross Valley Water District; Highlands Sewer District; City of Issaquah; City of Kent; City of Kirkland; City of Lake Forest Park; Lakehaven Utility District; City of Mercer Island; Northeast Sammamish Sewer District; Northshore Utility District; Olympic View Water and Sewer District; City of Pacific; City of Redmond; City of Renton; Ronald Wastewater District; Sammamish Plateau Water and Sewer District; City of Seattle; Skyway Water and Sewer District; City of Tukwila; Valley View Sewer District; Vashon Sewer District; Woodinville Water District; Shorewood Heights Apts., LLC, as successor in interest to Bayshore Shorewood G.P., Inc.; and the State of Washington, acting by and through the Washington State Parks and Recreation Commission, Respondents, and Muckleshoot Indian Tribe, Defendant.

Supreme Court of Washington, En Banc.

Decided October 24, 2013.

Attorney(s) appearing for the Case

Robert Tad Seder , Hillary Evans Graber , Civil Div. Snohomish County Prosecutor's, Everett, WA, Andrew William Maron , Scott Michael Missall , Short Cressman & Burgess PLLC, Leslie C. Clark , Calfo Harrigan Leyh & Eakes LLP, Wayne Douglas Tanaka , Joseph Zachary Lell , Ogden Murphy Wallace , James Edward Haney , Ogden Murphy Wallace PLLC, Brian Edward Lawler , Socius Law Group PLLC, Gregory Colin Narver , Seattle City Attorney's Office, Seattle, WA, Shelley Marie Kerslake , Christopher D. Bacha , Bob C. Sterbank , Kenyon Disend PLLC, Issaquah, WA, Daniel Brian Heid , Auburn, WA, Rod Paul Kaseguma , John William Milne , Mark S. Leen , Eric Clayton Frimodt , Inslee, Best, Doezie & Ryder, P.S., Cheryl Ann Zakrzewski , Bellevue, WA, Joseph Patrick Bennett , Hendricks-Bennett PLLC, Allen Joseph Hendricks , Attorney at Law, Edmonds, WA, Thomas C. Brubaker , City of Kent Legal Department, Kent, WA, William Raymond Evans , Kirkland, WA, Michael Paul Ruark , Attorney at Law, Lake Forest Park, WA, Kathleen H. Knight , Mercer Island, WA, Kinnon William Williams , Williams & Williams, PSC, Bothell, WA, Albert Anthony Abuan , Albert A. Abuan PLLC, Bainbridge Island, WA, Lawrence J. Warren , Renton, WA, James R. Schwartz , Attorney General's Office, Olympia, WA, Shawn J. Aronow , Snohomish County Public Utility District, for Respondents.

David Florian Jurca , Helsell Fetterman LLP, Seattle, WA, for Appellant/Cross-Respondent.

William E. Blakney , King County Prosecutor, Verna P. Bromley , King County Pros. Attys Office, Arthur Washington Harrigan Jr. , Timothy George Leyh , Randall Thor Thomsen , Katherine See Kennedy , Calfo Harrigan Leyh & Eakes LLP, Seattle, WA, for Respondent/Cross-Appellant.

Shelley E. Kneip , Kitsap County Prosecutors Office, Port Orchard, WA, amicus counsel for WA Assoc. of Prosecuting Attorneys.

Jean Marie Wilkinson , Attorney Generals Office, Olympia, WA, amicus counsel for Washington State Auditor.

GONZÁLEZ, J.

¶ 1 Ten years ago, King County urgently needed a new facility to treat sewage because existing treatment plants were near capacity. Procuring a location for a new sewage treatment plant was very difficult. After many years of negotiation and seven separate lawsuits, Snohomish County agreed to let King County build the Brightwater sewage treatment plant in south Snohomish County. As part of the settlement, King County agreed to provide a substantial...

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