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MAYTOWN SAND AND GRAVEL v. THURSTON COUNTY

No. 46895-6-II.

395 P.3d 149 (2017)

198 Wn.App. 560

MAYTOWN SAND AND GRAVEL LLC, Respondent/Cross Appellant, v. THURSTON COUNTY, Appellant/Cross Respondent, Black Hills Audobon Society and Friends of Rocky Prairie, Additional Defendants, Port of Tacoma, a Washington special purpose district, Respondent/Cross Appellant. Port of Tacoma, a Washington special purpose district, Respondent/Cross Appellant, v. Thurston County, Appellant/Cross Respondent, Black Hills Audobon Society and Friends of Rocky Prairie, Additional Defendants, Maytown Sand and Gravel LLC, Respondent/Cross Appellant.

Court of Appeals of Washington, Division 2.

April 4, 2017.

Attorney(s) appearing for the Case

Mark Robert Johnsen , Karr Tuttle Campbell, 701 5th Ave., Ste. 3300, Seattle, WA, 98104-7055, Elizabeth Petrich , Attorney at Law, 2000 Lakeridge Dr. S.W., Bldg 2, Olympia, WA, 98502-6001, Jason Wayne Anderson , Michael Barr King , Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, for Appellant/Cross Respondent.

Don C. Bauermeister , James A. Hertz , Friedman | Rubin, 1126 Highland Ave., Bremerton, WA, 98337-1828, John Edward Duke Powell , Jed Powell & Associates PLLC, 7525 Pioneer Way, Ste. 101, Gig Harbor, WA, 98335-1165, Patrick John Schneider , Steven James Gillespie , Foster Pepper PLLC, 1111 3rd Ave., Ste. 3000, Seattle, WA, 98101-3292, Carolyn A. Lake , Goodstein Law Group PLLC, 501 S. G St., Tacoma, WA, 98405-4715, for Respondent/Cross Appellant.

¶1 Thurston County (County) appeals the trial court's orders denying its motions for summary judgment, judgment as a matter of law, and for a new trial, and the jury's verdict in favor of Maytown Sand and Gravel, LLC (MSG) and the Port of Tacoma (the Port).1 Maytown's lawsuit against the County involved...

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