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TRI-CITY RR CO. v. UTILITIES & TRANSP. COM.

No. 33031-1-III.

377 P.3d 282 (2016)

TRI-CITY RAILROAD COMPANY, LLC, a Washington corporation, Appellant, v. STATE of Washington, Utilities and Transportation Commission, Respondent.

Court of Appeals of Washington, Division 3.

Filed June 16, 2016.

Attorney(s) appearing for the Case

William John Schroeder , William Christopher Schroeder , Anne Kathleen Schroeder , Paine Hamblen, 717 W. Sprague Ave. Suite 1200, Spokane, WA, 99201-3905, Gregory C. Hesler , Avista Corporation, 1411 E Mission Ave., Msc 33, Spokane, WA, 99202-1902, Counsel for Appellant.

Julian Hua Beattie , Attorney General's Office, P.O. Box 40128, Olympia, WA, 98504-0128, P. Stephen Dijulio , Jeremy Michael Eckert , Foster Pepper PLLC, 1111 3rd Ave. Suite 3000, Seattle, WA, 98101-3292, Counsel for Respondent.

¶ 1 Since 1937, Washington law has assigned to the Washington Utilities and Transportation Commission or a predecessor commission1 the authority and responsibility to grant or deny the right to construct, at grade, a railroad across a road, or a road across a railroad. Other than providing that the...

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