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KITTITAS COUNTY v. ALLPHIN

No. 33241-1-III.

381 P.3d 1202 (2016)

195 Wash.App. 355

KITTITAS COUNTY, a municipal corporation and political subdivision of the State of Washington, Respondent, v. Sky ALLPHIN, ABC Holdings, Inc., Chem-Safe Environmental, Inc., Appellants, Washington State Department of Ecology, Defendant.

Court of Appeals of Washington, Division 3.

FILED August 9, 2016.

Attorney(s) appearing for the Case

Leslie Alan Powers , Attorney at Law, 3502 Tieton Dr., Yakima, WA, 98902-3661, Nicholas James Lofing , Davis, Arneil Law Firm, 617 Washington St., Wenatchee, WA, 98801-2600, for Appellants.

Travis H. Burns , Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0117, for Defendant.

Kenneth W. Harper , Quinn N. Plant , Menke Jackson Beyer, LLP, 807 N. 39th Ave., Yakima, WA, 98902-6389, Neil Alan Caulkins , Kittitas County Prosecutor, 205 W. 5th Ave., Ste. 213, Ellensburg, WA, 98926-2887, for Respondent.

OPINION PUBLISHED IN PART

¶ 1 In 2011, Kittitas County (the County) issued a notice of violation and abatement (NOVA) to Chem-Safe Environmental, Inc. and its parent company, ABC Holdings, Inc. (collectively Chem-Safe) for storing and handling moderate risk waste without proper county permits. The Kittitas County...

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