City Of Seattle, Appellant V. Pioneer Square Hotel Company & Aph Corporation, Respondent

THE CITY OF SEATTLE, acting through
the SEATTLE PUBLIC UTILITIES,
Appellant.
DWYER, J. — The parties to this appeal dispute whether the trial court
erred by dismissing Pioneer Square’s complaint without prejudice. The City of
Seattle asserts that the complaint should have been dismissed with prejudice.
In the companion case, Pioneer Square Hotel Co. v. City of Seattle, No.
80000-1-I (Wash. Ct. App. Feb. 18, 2020), we held that the trial court erred by
dismissing the underlying complaint at all. For the reasons set forth in No.
80000-1-I, we hold that the order of dismissal entered herein must be reversed.
Reversed and remanded.
WE CONCUR:
IN THE COURT OF APPEALS OF THE
PIONEER SQUARE HOTEL
COMPANY and APH CORPORATION,
Washington corporations,
Respondents,
V.
STATE OF WASHINGTON
DIVISION ONE
No. 79939-8-I
UNPUBLISHED OPINION
FILED: February 18, 2020