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HOWE v. DOUGLAS COUNTY

No. 18415-3-III.

7 P.3d 883 (2000)

Bart HOWE and Connie Howe, husband and wife, d/b/a Future Electric, Appellants, v. DOUGLAS COUNTY, WASHINGTON, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 3, Panel Four.

September 12, 2000.

Attorney(s) appearing for the Case

Brian J. Dorsey, Davis, Arneil Law Firm, Wenatchee, for Appellants.

Robert R. Siderius, Jr., Wenatchee, for Respondent.

SWEENEY, A.C.J.

This is a land use case. Douglas County required the developer of Bart and Connie Howe's subdivision to waive "all claims for damages against any governmental authority arising from the construction or maintenance of public facilities...." The Howes' property was flooded because of either poorly designed or maintained drainage facilities. The question here is whether public policy considerations prohibited the County from requiring a general waiver...

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