KITTITAS COUNTY v. ALLPHIN

No. 93562-9.

416 P.3d 1232 (2018)

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

Supreme Court of Washington.

Filed May 17, 2018.


Attorney(s) appearing for the Case

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

Travis H. Burns , Thurston County Prosecutor's Office, 2000 Lakeridge Dr. Sw, Olympia, WA, 98502-6045 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.

Harold Lee Overton , Attorney at Law, PO Box 40117, Olympia, WA, 98504-0117, Amicus Curiae on behalf of Attorney General.

William John Crittenden , Attorney at Law, 12345 Lake City Way Ne, Seattle, WA, 98125-5401, Amicus Curiae on behalf of Washington Coalition for Open Government.

Margaret Ji Yong Pak , Enslow Martin PLLC, 701 5th Ave. Ste. 4200, Seattle, WA, 98104-7047, Amicus Curiae on behalf of ACLU.

William John Crittenden , Attorney at Law, 12345 Lake City Way Ne, Seattle, WA, 98125-5401, Amicus Curiae on behalf of Spokesman-Review.


¶ 1 We decide here two important aspects of the work product doctrine. First, were the e-mails exchanged between the Kittitas County and the Department of Ecology work product? Second, if the e-mails are work product, are they discoverable under the Public Records Act (PRA), chapter 42...

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