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Legal Opinion

Holmes Harbor Sewer District v. Holmes Harbor Home Building, L.L.C.

Washington Supreme Court

Decided November 23, 2005No. 76062-4PublishedCited by 6 opinions

1Opinion of the Court

¶[1 C. Johnson, J.

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.

*860FACTS

¶2 The Holmes Harbor Golf and Yacht Club subdivision, platted in the 1960s on Whidbey Island, contains approximately 500 lots and a golf…

2Cases cited5 opinions

  1. Isla Verde International Holdings, Inc. v. City of CamasWashington Supreme Court · 2002
  2. Samis Land Co. v. City of Soap LakeWashington Supreme Court · 2001
  3. Samis Land Co. v. City of Soap LakeWashington Supreme Court · 2001
  4. Ronald Sewer District v. BrillCourt of Appeals of Washington · 1981
  5. Lake Stevens Sewer District v. Village Homes, Inc.Court of Appeals of Washington · 1977

3Cited by6 opinions

  1. Community Telecable of Seattle, Inc. v. City of Seattle, Department of Executive AdministrationWashington Supreme Court · 2008
  2. Community Telecable of Seattle, Inc. v. CITY OF SEATTLE, DEPT. OF EXECUTIVEWashington Supreme Court · 2008
  3. Tukwila School Dist. No. 406 v. City of TukwilaCourt of Appeals of Washington · 2007
  4. Tukwila School District No. 406 v. City of TukwilaCourt of Appeals of Washington · 2007
  5. Holmes Harbor Sewer Dist. v. HOLMES HARBOR HOME BLDG. LLCWashington Supreme Court · 2005

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