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7 ORGSJ 03 -- . 
13?2-07626-3 7- - MT 1 THE HONORABLE KATHERINE M. STOLZ
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STATE OF WASHINGTON
8 PIERCE COUNTY SUPERIOR COURT
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10 CITY OF LAKEWOOD, . NO- 13-2-07626'3
- - ORDER GRANTING
11 Patmoner? MOTION FOR
SUNIMARY JUDGMENT
12 
STATE OF WASHINGTON,
13 DEPARTMENT OP
14 TRANSPORTATION,
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Respondent.
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16 This matter came before the court on the cross-motions for summary judgment pursuant
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to CR 56 by Petitioner City of Lakewood and ReSpondent Washington State Department of
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Transportation (WSDOT). The court has considered the following documents submitted the parties: .
21 l. Lakewood?s Motion for Summary Judgment
22 2. Declaration of M. David Bugher and attachments
23 3. Response to Lakewood?s Motion for Summary Judgment, Motion to
24 Dismiss, and Cross-Motion for Summary Judgment
25 
4. Declaration of Danielle Oliver
26 

 

 

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v.4 nus-
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(PROPOSED) ORDER GRANTING . 1 
MOTION FOR SUMMARY
JUDGMENT

  

 

ATTORNEY GENERAL OF WASHINGTON
Transportation Public Construction Division
7141 Cleanwater Drive SW
PO BOX 401 13
Olympia, WA 98504-0113
(360] 753-6126 Facsimile: (360} 586-6847

 

if}?

ii

 

 

5. Lakewood?s Response in Support of Summary Judgment and Opposition to
Motion for Summary Judgment

6. State?s Reply in Support oflts Motion for Summary Judgment .

In addition, the court has-considered the excerpts of administrative record
that were submitted with the parties? briefs, and has heard oral argument.

The court has concluded that there are no genuine issues of material fact, and that
WSDOT is entitled to judgment as a matter oflaw. Therefore: it is 

ORDERED that motion for summary judgme-t is GRANTED, and
Lakewood?s motion for summary judgment is DENIED. Eakew d?s Petition is 
with prejudice.

DONE OPEN COURT March 21Katherine M. Bto

County Superior Court

  
  

Presented by:

ROBERT W. FERGUSON 
Attorney General

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L. DE, A #18329
ROBERT . HA IELD, A #39905
Assistant Attorneys General
Attorneys for the State of Washington

 

 

Approved as to form and notice of

 

(PROPOSED) ORDER GRANTING 2 ATTORNEY GENERAL OF 
MOTION FOR SUMMARY . 1 3533;033:2351 
JUDGMENT . PO Box 40113

Olympia, WA 98504-0113
(360} 753-6126 Facsimile: {360} 586?6847

presentation waive .

 

 

 

 

 

MATTHEW S. KASER, WSEA #32239
Assistant City Attorney
City of Lalkewood

(PROPOSED) ORDER GRANTING
MOTION FOR SUMMARY
JUDGMENT 

 

ATTORNEY GENERAL OF WASHINGTON
Transportation Public Construction Division
7141 Cleanwater Drive SW
PO BOX 40113
Olympia, WA 98504-0113
{360} 753-6126 Facsimile: (360) 586-6347