Lake Stevens Sewer District, Respondent, v. Village Homes, Inc., et al, Appellants, 18 Wn. App. 165

Summary

After the developer was unable to sell several houses in a subdivision, the sewer district began billing the developer for the sewer services. The sewer district commenced the instant action to recover service charges for a three-year period of vacancy. The court affirmed the summary judgment in favor of the sewer district, rejecting the developer's assertion that he was deprived of due process by the procedure for the collection and foreclosure of sewer charges contemplated by Wash. Rev. Code §§ 56.16.100, 56.16.110. The court found that, under the statutes, the developer was entitled to and did participate in a full judicial determination of the merits concerning the charges imposed. The court also held that the occupancy or vacancy of the houses was immaterial to the obligation to pay the sewer charges when proof was presented that the houses were connected to the system. The court also found that the trial court's award of attorney's fees to the sewer district was proper and ...