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HASIT, LLC v. CITY OF EDGEWOOD

No. 42842-3-II.

320 P.3d 163 (2014)

HASIT, LLC, a Washington limited liability company, Appellant, v. CITY OF EDGEWOOD (LOCAL IMPROVEMENT DISTRICT #1), a municipal corporation, Respondent. 1999 Stokes Family LLC, a Washington limited liability company, and Ray Rempel and Eldean Rembel, as Trustees for Revocable Trust Agreement of Ray E. Rempel and Eldean B. Rempel Dated December 12, 2006, a Trust, Respondents/Cross-Appellants, v. City of Edgewood, a municipal corporation, Appellant/Cross-Respondent. Eric Docken Properties, LP; Enid and Edward Duncan, James and Patricia Schmidt; Darlene Masters a/k/a the Brickhouse, LLC; George and Arlyn Skarich; Suelo Marina, LLC, Respondents/Cross-Appellants, v. City of Edgewood, (Local Improvement District # 1), Appellant/Cross Respondent.

Court of Appeals of Washington, Division 2.

March 13, 2014.

Attorney(s) appearing for the Case

Joseph Zachary Lell , Wayne Douglas Tanaka , Ogden Murphy Wallace PLLC, Seattle, WA, for Appellant.

Margaret Yvonne Archer , Attorney at Law, Carolyn A. Lake , Goodstein Law Group PLLC, Tacoma, WA, for Respondent.

BJORGEN, J.

¶ 1 The City of Edgewood (City) appeals from a superior court order remanding local improvement district (LID) assessments, levied against respondents' property, for further proceedings before a hearing examiner and the Edgewood City Council (Council). We hold that the assessments rested in part on a fundamentally wrong basis, that they were arbitrary and capricious, and that the nature of the notice and the inadequate time between it and the hearing...

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