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FRIENDS OF MOON CREEK v. DIAMOND LAKE IMP.

No. 34938-1-III.

409 P.3d 1084 (2018)

FRIENDS OF MOON CREEK, an unincorporated association, Cheryl and Robert Balentine, the Estate of Douglas M. Anderson, Tom and Michele Bowyer, George A. Tyler, Mark and Cynthia Moeser, Joe F. Struthers, and Gaylan and Heather Warren, Respondents, v. DIAMOND LAKE IMPROVEMENT, ASSOCIATION, INC.; Sharon Sorby, individually and as Coordinator, Pend Oreille County Noxious Weed Control Board; and Phil Anderson, individually and as Director, Washington Department of Fish and Wildlife, Petitioners.

Court of Appeals of Washington, Division 3.

FILED February 6, 2018.

Attorney(s) appearing for the Case

Thomas Richard Luciani , Bohrnsen Stocker Smith & Luciani PLLC, 312 W Sprague Ave., Spokane, WA, 99201-3711 for Petitioners.

Ryan D. Poole , Dunn & Black PS, 111 N Post St. Ste. 300, Spokane, WA, 99201-4911, Todd R. Startzel , Kirkpatrick & Startzel PS, 108 N Washington St. Ste. 201, Spokane, WA, 99201-5001, Carl Perry Warring , Washington State Attorney General, 1116 W Riverside Ave. Ste. 100, Spokane, WA, 99201-1113 for Defendants.

Mark Edward Wilson , Attorney at Law, 14215 E Bridges Rd., Elk, WA, 99009-8659 for Respondent.

PUBLISHED OPINION

¶ 1 After ruling on summary judgment that Sharon Sorby did not enjoy qualified immunity from the plaintiffs' claims under 42 U.S.C. § 1983, the trial court certified its order under RAP 2.3(b)(4) as one "involv[ing] a controlling question of law as to which there is substantial ground for a difference...

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