Legal Opinion · Dissent

Washington State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction Co.

Washington Supreme Court

Decided March 5, 2009No. 81029-0Published

1DissentSanders, J.

¶40 (dissenting) — I disagree with the majority’s improper expansion of RCW 4.16.160’s limited exception to the six-year statute of limitations, which exempts sovereign actions brought “for the benefit of the state.”4 Construction of a professional baseball stadium for private profit is certainly not “for the benefit of the state” as that phrase is understood in our case law. I would thus affirm the order granting summary judgment of dismissal in favor of Huber, Hunt & Nichols-Kiewit Construction (HK) on statute of limitations grounds.

¶41 In an unsurprising turn of events, the PFD5 and the…

2Cases cited23 opinions

  1. Okeson v. City of SeattleWashington Supreme Court · 2003
  2. Okeson v. City of SeattleWashington Supreme Court · 2003
  3. CLEAN v. StateWashington Supreme Court · 1996
  4. Metropolitan Park District of Tacoma v. GriffithWashington Supreme Court · 1986
  5. City of Philadelphia v. Lead Industries Ass'nCourt of Appeals for the Third Circuit · 1993

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