Yakima County Fire Protection District No. 12 V. City Of Yakima - Supreme Court of Washington

Yakima County Fire Protection District No. 12 V. City Of Yakima

By Supreme Court of Washington

  • Release Date - Published: 1993-09-16
  • Book Genre: Law
  • Author: Supreme Court of Washington
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Yakima County Fire Protection District No. 12 V. City Of Yakima Supreme Court of Washington read online review & book description:

In this declaratory judgment action, appellants challenge the validity of Outside Utility Agreements (OUA's) signed by appellant landowners as a condition of receiving sewer service from the City of Yakima (City), which required appellant landowners to sign a future petition for annexation when annexation of their property should become feasible. At issue in this case are: (1) whether the Yakima County Fire Protection District (Fire District) has standing to participate in this declaratory judgment action; (2) whether the City had a duty to provide sewer service to appellant landowners; (3) whether the City had authority to enter the OUA's; (4) whether the OUA's improperly required waiver of a future right; (5) whether the OUA's were invalid because based on misrepresentation or because mutual assent and/or consideration were lacking; (6) whether the OUA's were unconscionable, adhesion contracts, or against public policy; and (7) whether the OUA's deprived appellant landowners of their free speech rights guaranteed by the First Amendment. We hold that the OUA's are valid. We affirm the trial court's grant of summary judgment in favor of the City.

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