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HOLMES HARBOR SEWER DIST. v. HOLMES HARBOR HOME BLDG. LLC

No. 76062-4.

123 P.3d 823 (2005)

155 Wash.2d 858

HOLMES HARBOR SEWER DISTRICT, a special purpose municipal corporation, Respondent, v. HOLMES HARBOR HOME BUILDING LLC, a Washington limited liability company, Petitioner, FRONTIER BANK; P.O. Kerr, a partnership, Joseph Seabeck and Jane Doe Seabeck, husband and wife and the marital community comprised thereof, Defendants.

Supreme Court of Washington, En Banc.

Decided November 23, 2005.

Attorney(s) appearing for the Case

Elaine Louise Spencer, Graham & Dunn PC, Seattle, for Petitioner/Appellant.

Rosemary Anne Larson, Michael Paul Ruark, Attorney at Law, Bellevue, for Appellee/Respondent.

JOHNSON, J.

¶ 1 This case requires us to determine whether, under chapter 57.08 RCW, a local sewer district may impose monthly charges against unimproved lots that are not connected to the system. We conclude on the facts of this case that under RCW 57.08.081(1), the unimproved lots are not properties to which sewer service is available. Accordingly, we hold that the charges at issue are not statutorily authorized and reverse the Court of Appeals.

FACTS...

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