IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION THREE

CITY OF UNION GAP, a municipal 

corporation of the State of Washington,

Appellant,

v.

PRINTING PRESS PROPERTIES,

L.L.C., a Limited Liability Corporation

registered and doing business in 

Washington State,

Respondent.

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No. 34740-1-III

PUBLISHED OPINION

FEARING, C.J. — Plaintiff city of Union Gap and defendant Printing Press 

Properties, LLC, (Printing Press) scrimmage as to whether Printing Press may cut a curb 

and gain direct access to a major arterial from its land. The trial court granted Printing 

Press summary judgment and denied Union Gap an injunction to prohibit the access. 

Because Printing Press signed a development agreement granting Union Gap the 

prerogative to deny direct access to the arterial, we reverse and grant judgment to Union 

Gap. 

FACTS

This lawsuit concerns Printing Press’ access to Valley Mall Boulevard, a new 

arterial, whose centerline often serves as the boundary between the cities of Yakima and 

FILED

JANUARY 25, 2018

In the Office of the Clerk of Court

WA State Court of Appeals, Division III
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

2

Union Gap. Union Gap, the original Yakima City, lies to the south of Yakima. The 

boulevard runs east-west and connects Interstate 82 and the Yakima Air Terminal, 

Yakima’s principal airport. Union Gap designed, constructed, and maintains the 

boulevard. 

Printing Press owns commercial property abutting Valley Mall Boulevard and 

adjacent to the boulevard’s intersection with Longfibre Road. All of Printing Press’ land 

now lies within the Yakima City limits and north of the boulevard. Railroad tracks run 

north and south and lay directly east of Printing Press’ land. As part of the boulevard 

improvement, Union Gap constructed a bridge over the tracks. 

Printing Press seeks to build direct access from its property to Valley Mall 

Boulevard. It labels this access as a “driveway.” The city of Union Gap, citing safety 

concerns, denied Printing Press’ application to create the driveway. Instead of appealing 

Union Gap’s denial of access, Printing Press withdrew its application and submitted the 

same proposal to the city of Yakima, which proposal Yakima approved. With this suit, 

Union Gap seeks to permanently enjoin Printing Press from cutting the boulevard curb 

such that a constructed driveway permits access on to the boulevard. 

Before construction of Valley Mall Boulevard, Longfibre Road provided ingress

and egress to Printing Press’ land via Washington Avenue, a major east-west arterial to 

the north of the boulevard. Printing Press’ land abuts Longfibre Road. Longfibre Road 

still connects Printing Press’ land to Washington Avenue and now connects the land to 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

3

the boulevard. Printing Press assigned some of its land to Lowe’s Home Improvement 

for a store. Printing Press and Lowe’s seek direct access to the boulevard. 

Before commencing construction for Valley Mall Boulevard, Union Gap adopted 

city Ordinance 2123 to govern use of the future boulevard. The ordinance intended to 

provide coordinated standards for permitting access to the boulevard and to confirm that 

the access rights of abutting landowners are subordinate to the public’s right and interest 

in a safe and efficient arterial system. UNION GAP MUNICIPAL CODE (UGMC) 9.34.010. 

Union Gap Ordinance 2123 designated the boulevard as a “controlled access arterial” and 

permits driveway access to the boulevard only “when other alternatives such as an 

abutting public street or internal access road are not possible for access.” UGMC 

9.34.060(a). 

Union Gap possesses authority to condemn property outside its jurisdiction. RCW 

8.12.030; In re Petition of City of Long Beach, 119 Wn. App. 628, 634, 82 P.3d 259 

(2004). Nevertheless, to anticipatorily quell Yakima residents’ concerns about Union 

Gap’s control along Valley Mall Boulevard on Yakima’s side of the road, Union Gap and 

Yakima, on March 8, 2001, entered an interlocal agreement. The two had planned the 

boulevard since the late 1990s. The agreement in part reads:

This Interlocal Agreement is made by and between the CITY OF 

YAKIMA, a Washington municipal corporation, hereinafter “Yakima,” and 

the CITY OF UNION GAP, a Washington municipal corporation, 

hereinafter “Union Gap,” each being duly authorized and acting under the 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

4

laws of the State of Washington, pursuant to authority vested in each by the 

Interlocal Cooperation Act, RCW Chapter 39.34, as follows: 

1. Union Gap is involved in the development of a project known as 

the “Valley Mall Boulevard Extension,” which is an effort to purchase right 

of way and construct an extension of Valley Mall Boulevard from its 

present location near the I-82 Interchange in Union Gap to the Yakima Air

Terminal, some distance to the West. Yakima supports this project and has 

allocated $590,000.00 of federal highway safety funds for the project. The 

Valley Mall Boulevard project is a cooperative venture between the 

Washington State Department of Transportation, the City of Yakima, the 

City of Union Gap, and Yakima County. The project is of major 

significance to the entire region as it would provide an important direct link 

between the air terminal and the I-82 freeway. 

2. Union Gap Ordinance No. 2271 authorized the Union Gap City 

Attorney to initiate condemnation proceedings for acquisition of the 

necessary right of way in Yakima County Superior Court Cause No. 01-2-

00041-1. 

3. In the course of the hearing required for adjudication of use and 

necessity of this project, some land owners have argued that the Property 

sought to be condemned is located within the boundaries of the City of 

Yakima and not within the boundaries of the City of Union Gap. . . .

4. The parties hereto are authorized by RCW 39.34.030 to exercise 

their powers of condemnation jointly, and for that purpose, the City of 

Yakima herewith assigns to the City of Union Gap all of its authority and 

attendant ability to condemn the Property for the Valley Mall Boulevard 

Project, as described in Exhibit A. For these purposes, the City of Union 

Gap may act on behalf of the City of Yakima, in its place and stead, in the 

negotiation for, condemnation and acquisition of the Property located 

within the boundaries of the City of Yakima. 

5. As partial consideration for this joint undertaking, Union Gap 

shall protect, defend, indemnify, and hold Yakima harmless from and 

against any and all claims, demands, losses, liens, liabilities, penalties, 

fines, lawsuits, and other proceedings and costs and expenses (including 

attorney’s fees and disbursements), which accrue to or are incurred by 

Yakima on or after execution of this Interlocal Agreement and arise directly 

or indirectly from or out of, relate to, or in any way are connected with

(1) The eminent domain proceedings or any related actions 

contemplated by this Interlocal Agreement.
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

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(2) Challenges concerning the legal authority to enter into or 

implement this lnterlocal Agreement or the ordinance authorizing 

condemnation. 

. . . . 

(5) The design, construction, reconstruction, installation, 

repair, maintenance, operation, alteration, or modification of the Valley 

Mall Boulevard street and transportation improvements (or other public 

improvements) on the property . . . .

. . . .

7. Yakima and Union Gap agree that this Interlocal Agreement shall 

have an indefinite duration and cannot be terminated unless both parties 

consent in writing to such termination. 

Clerk’s Papers (CP) at 249-51. Yakima passed and adopted the interlocal agreement as a 

city ordinance on March 6, 2001. 

In a declaration in support of Printing Press’ summary judgment motion, Yakima 

City Attorney Jeff Cutter expounded on Yakima’s view of the agreement. Although 

Cutter interpreted the agreement to authorize Union Gap to act as Yakima’s agent, he 

declared that the:

Interlocal Agreement simply authorized Union Gap to act on behalf 

of Yakima with respect to the condemnation of properties located within 

Yakima jurisdiction. Union Gap acted as “agent” for City of Yakima. It 

did not change municipal boundaries, relinquish jurisdictional authority or 

otherwise modify land use authority with respect to properties lying within 

the City of Yakima. 

CP at 1046. Jeff Cutter challenged Union Gap’s claim that Yakima assigned Union Gap 

the former’s “regulatory authority to regulate the Boulevard.” CP at 963.

To facilitate the Valley Mall Boulevard project after signing the interlocal 

agreement, Union Gap procured the needed land through a combination of voluntary 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

6

purchases and condemnation proceedings. Around 2000 and before signing the interlocal 

agreement, Union Gap contacted Printing Press to acquire a strip of the southern portion 

of its land to lengthen the boulevard to the west. Although some Yakima residents 

contested Union Gap’s authority to condemn land located in Yakima, Printing Press did 

not. Printing Press’ land then rested in both Yakima and Union Gap. 

During negotiations for the purchase of Printing Press’ land, Union Gap paid 

Printing Press $750 to conduct an appraisal of the needed 95,377 square feet of land.

Printing Press’ appraisal acknowledged that immediate access to its land “is by Longfibre 

Road which is a satisfactory two lane rural road,” and that “[w]hen Valley Mall 

Boulevard is completed, immediate access [to the boulevard] may not be enhanced due 

[to] the rise of [a] bridge over the railroad tracks.” CP at 324. Printing Press denies that 

this appraisal language contemplated Union Gap’s acquisition of Printing Press’ access 

rights to the boulevard. 

Printing Press’ appraisal valued the portion of 95,377 square feet of property to be 

taken by Union Gap for Valley Mall Boulevard at $125,600. Union Gap ultimately 

purchased the plot from Printing Press for $45,000. According to Printing Press, it 

donated the difference between the purchase price and the value of the property to the 

boulevard project. As part of the transfer, Printing Press required Union Gap to sign a 

“Donee Acknowledgment,” that recognized that Union Gap acquired all of Printing 

Press’ “right, title or interest in the property by quitclaim deed.” CP at 239. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

7

On March 19, 2001, Printing Press executed a quitclaim deed to a narrow strip of 

land for use as part of Valley Mall Boulevard in favor of Union Gap. The deed read, in 

relevant part:

Valley Mall Boulevard Extension 

The Grantor, Printing Press Properties, LLC, a Washington Limited 

Liability Company, for and in consideration of the sum of TEN and No/100

—($10.00)—Dollars, and other valuable consideration, conveys and 

quitclaims to the City of Union Gap, a Municipal Corporation of the State 

of Washington, the following described real estate, and any after acquired 

interest therein, situated in Yakima County, in the State of Washington, to 

the same extent and purpose as if the rights herein granted had been—

acquired under Eminent Domain statutes of the State of Washington. 

CP at 394. The transfer included only a small portion of Printing Press’ parcel. Printing 

Press reserved no easement or other interest in the transferred land. Nevertheless, Jay 

Sentz, managing member of Printing Press, declares that the deed did not transfer access 

rights to the boulevard. He characterizes the deed as only transferring a right of way to 

Union Gap. UGMC 9.34.030(b) recognizes that “every owner of property which abuts a 

controlled access arterial has the right to reasonable access to that roadway.” Printing 

Press continued to own land immediately abutting the purchased land and north of Valley 

Mall Boulevard. 

The city of Union Gap commenced construction of Valley Mall Boulevard 

following the acquisition of all needed land, and Union Gap remained the lead agency on 

all project phases. The total cost of the boulevard project was $21.5 million. Union Gap 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

8

contributed seven percent of the total project cost. Most funding came from the federal 

government. The city of Yakima contends it served as the certification acceptance 

agency for the project and that its duties as this agency included review and approval of 

all project designs, plans, specifications, utility and railroad agreements, consulting and 

engineering agreements, construction estimates, award and execution of construction 

contracts, and construction administration. Union Gap claims it entered all agreements 

regarding the design and construction of the arterial road.

Valley Mall Boulevard now constitutes a completed four-lane “Intermodal

Connector” providing vital access between Interstate 82, lying east of Union Gap and 

Yakima, and the commercial, industrial and agricultural businesses to the west of the 

cities of Yakima and Union Gap. The boulevard extends 3.3 miles with a half mile 

section of its centerline aligned with the boundary between Union Gap and Yakima. The 

speed limit on the boulevard is 40 m.p.h. Union Gap pays all bills for street lighting. 

Union Gap performs boulevard striping, sweeping, maintenance, vegetation control, and 

snow and ice control. The Union Gap Police Department responds to calls for 

emergencies on the boulevard. 

In 2006, the city of Union Gap approached Printing Press Properties to participate

in a partnership to improve the Valley Mall Boulevard and Longfibre Road intersection. 

The two entities, along with Clary Properties, LLC, an owner of land to the west of 

Longfibre Road, reached a development agreement, pursuant to RCW 36.70B.170, to 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

9

recondition the intersection. Before the entry of the agreement, a wedge-shaped portion 

of Printing Press’ land rested within the municipal boundaries of the city of Union Gap, 

with the remaining larger portion of Printing Press’ parcel within the boundaries of the 

city of Yakima. We refer to the area formerly inside Union Gap limits as “the wedge.” 

We refer to the remaining larger portion as the “eastern portion.” Although the boundary 

between the two cities generally runs east and west, the boundary along Longfibre Road 

then turned and ran north and south. The wedge lies immediately to the east of Longfibre 

Road. We will refer to all of Printing Press land, in other words, both the wedge and the 

eastern portion, as the “entire tract.” The property constitutes one tax parcel. Other than 

the wedge formerly resting in Union Gap, no reason existed to distinguish the wedge 

from the eastern portion of the land. Exhibit B, attached to the development agreement, 

assists in identifying and understanding the layout of Printing Press’ land, Valley Mall 

Boulevard, Longfibre Road, and the Clary land. We attach the exhibit to this opinion. 

We also attach two overhead photographs of the area. 

Yakima and Union Gap agreed to adjust the municipal boundaries so that all of the 

Printing Press’ property would sit within the boundaries of the city of Yakima. In other 

words, Yakima, with the permission of Union Gap, annexed the wedge. Union Gap and 

Printing Press agreed to extend Longfibre Road farther south to provide greater access to 

Printing Press’ land and to add utilities in the improved area. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

10

On February 28, 2008, the city of Union Gap and Printing Press entered a 

development agreement to consummate the understanding with regard to improvement of 

the Longfibre Road and Valley Mall Boulevard intersection. A major question on appeal 

is whether the development agreement covers only the wedge formerly within Union Gap 

or Printing Press’ entire tract. The recording cover sheet for the agreement contains a 

“legal description, abbreviated form” that reads:

Legal Description (abbreviated form: i.e. lot, blk., plat or S.T.R. 

quarter/quarter)

SE1/4 SW1/4 SE1/4 S. 31, T 13N, R. 18 EWM

Additional legal is on page _____

Assessor’s Property Tax/Parcel Account Number 

191331-44004

CP at 602. The first page of the development agreement contains the following block:

Grantors: (1) PRINTING PRESS PROPERTIES, LLC 

Grantee: (1) CITY OF UNION GAP

Abbreviated Legal Description: SE 1/4 SW 1/4 SE 1/4 S31, TI3N, R18 EWM 

Complete legal description is attached as Exhibit A to this document. 

Assessor’s Tax Parcel ID Nos.: 191331-44004 

CP at 603. Exhibit A attached to the development agreement reads:

Exhibit “A”

That part of the southeast quarter of the southwest quarter of the 

southeast quarter of Section 31, Township 13 North, Range 18 East W.M., 

lying westerly of the city limits of Yakima, Washington. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

11

CP at 612 (emphasis added). The property to the west of the Yakima limits is the wedge. 

The body of the agreement declares:

RECITALS

A. Whereas, the City of Union Gap, in partnership with the Yakima 

County Development Association (YCDA), is seeking to facilitate the 

development of commercial and light industrial-zoned property in the 

vicinity of Ahtanum Road, Valley Mall Boulevard and Longfibre Road; 

and 

B. Whereas, as a part of this process the City has applied for and 

received grant and loan funds to implement a multi-phase strategy of road, 

water and intersection improvements (“Phase 2 Road Improvements”) to 

serve commercial and light industrial zoned properties; and 

C. Whereas, Bud Clary Toyota of Yakima (“Clary”) and PPI 

[Printing Press Properties] are owners of real property located at the 

intersection of Valley Mall Boulevard and Longfibre Road and intend to 

develop such properties (the “Subject Properties”); and 

D. Whereas, the development of the subject Properties is facilitated 

by the extension of Longfibre Road and significant community benefits are 

derived from the further development of a traffic grid system, extension of 

public water services and potential employment and tax revenues derived

from development; 

E. Whereas, the parties to this Agreement desire to establish a 

framework, to the extent authorized by state law, in order to integrate and 

expedite the timely review, approval and construction of the proposed 

private development and supporting public improvements. 

Now, therefore be it resolved that the parties hereby agree as 

follows: 

AGREEMENT

1. Proposed Private Development. PPI owns or controls certain real 

properties located in the City of Union Gap, commonly known as the PPI

site, legally described on Exhibit “A” attached hereto and incorporated 

herein by this reference. It is the intent of PPI to sell and/or develop the 

subject property with commercial or light industrial land uses consistent 

with applicable municipal development standards. 

2. Amendment of Municipal Boundaries. The PPI property is 

currently subject to split jurisdiction between City of Yakima and City of 

Union Gap. The approximate location of the current municipal boundary is 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

12

set forth on attached Exhibit B. . . . It is agreed that the entire PPI parcel

will be incorporated into the City of Yakima. All of the road right-of-way 

improvements for Longfibre Road as it extends north from Valley Mall 

Boulevard shall be within the jurisdiction of the City of Union Gap.

3. Participation in Phase 2 Road Improvement. PPI shall participate 

in Longfibre Road Phase 2 Road Improvements as follows:

a. PPI shall dedicate to the City such right-of-way and 

slope/drainage easements that may be required to extend Longfibre Road as 

depicted in Exhibit C. . . . In general terms the right-of-way will include 

the following: 

i. The improvements will include street, sidewalk, lighting and storm 

drainage. . . . 

ii. Accommodation of intersection improvements and signalization 

equipment including turn lanes necessary on Longfibre Road at the 

intersection with Valley Mall Boulevard. 

. . . . 

c. PPI shall incorporate the following access management 

requirements into all site development plans: 

i. PPI acknowledges that provisions of UGMC Chapter 9.34 may 

prohibit direct access to Valley Mall Boulevard. Any access to the property 

from Valley Mall Boulevard shall be subject to municipal review and 

conditioning at time of project permit application. 

CP at 603-05 (emphasis added). The parties’ dispute focuses on subsection 3.c.i. of the 

agreement. We will alternatively refer to this subsection as the “access subsection” or 

“subsection i.” The development agreement continues in section 3.c:

ii. The centerline of the southerly most access point from the PPI 

property to Longfibre Road shall be no closer than 200-feet from the south 

property line to the subject property. 

iii. Additional access points to Longfibre Road shall be a minimum 

of 200-feet apart as measured centerline to centerline and must be 

coordinated with access points on the west side of Longfibre Road, unless 

otherwise approved by the Director of Public Works. 

d. PPI will be responsible for and shall contribute its identified share 

of the costs associated with the construction of the Phase 2 Road 

Improvements, such estimate of project funding set forth on Exhibit D. PPI 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

13

shall not be responsible for any portion of the improvement costs for 

extension of the City of Union Gap water main or intersection 

improvements (including traffic signal improvements) to Longfibre 

Road/Valley Mall Boulevard. . . . 

. . . . 

4. SIED Grant and Loan Funds. City has applied for and received a

grant of up [to] $278,000 and loan of up to $278,000 from the Yakima 

County Supporting Investments in Economic Development (SIED) Board 

to assist in the financing of Phase 2 - Longfibre Road Improvement 

Projects. . . . Such improvements include approximately 600 linear foot 

arterial road extension north from Valley Mall Boulevard . . . ; intersection 

improvements and traffic signals at Valley Mall Boulevard and Longfibre 

Road . . . ; and water main extension (approximately 1300 LF) along the 

east side of the Clary property . . . . These improvements subject to 

conditions and provided that: 

a. City shall design, build, construct, and maintain the improvements 

associated with the extension of Longfibre Road and the extension of the 

City water main in accordance with the terms and conditions of the SIED 

Contract . . . . 

. . . . 

c. The City shall consult with PPI prior to taking the following 

actions: 

i. the approval of the plans and specifications for Schedule A of the 

SIED funded improvements and, 

ii. Approval of the lowest responsible bid for Schedule A

improvements. 

. . . .

d. . . .

iv. Except as set forth above, PPI shall have no responsibility for 

costs, expenses or charges with respect to Phase 2—Longfibre Road 

Improvement Projects 

e. PPI shall, within thirty (30) days following written request by the 

City, make a cash payment to the City for the down payment portion of the 

SIED funded improvements of $10,493. The failure to perform may result 

in the suspension or termination of any or all SIED funded activities. 

. . . .

8. Attorney’s Fees. In the event that any lawsuit is instituted by 

either party to this Agreement arising out of or pertaining to this 

Agreement, including any appeals and collateral actions relative to such 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

14

lawsuit, the substantially prevailing party as determined by the court shall 

be entitled to recover its reasonable attorney’s fees, expert witness fees, and 

all costs and expenses incurred relative to such lawsuit from the 

substantially nonprevailing party, in addition to such other relief as may be 

awarded. 

. . . .

13. Reservation of City Authority. As required by RCW 

36.70B.170(4), and notwithstanding the terms of this Agreement, Union

Gap reserves the right to establish and impose new or different regulations 

or to impose new mitigating measures to the extent required to address a 

serious threat to public health or safety. 

CP at 605-08. Printing Press contends that the development agreement does not cover 

the eastern portion of its land. Union Gap claims it would not have executed the 

development agreement and participated in the extension of Longfibre Road and the 

improvements along Longfibre Road without the development agreement covering all of 

Printing Press’ land. 

In the fall of 2012, a Lowe’s store proposed to move its retail location from Union 

Gap to Yakima. Printing Press believes that Union Gap has retaliated to render Lowe’s 

move costly, such as thwarting access from the store directly to Valley Mall Boulevard. 

Union Gap does not deny the tax implications stemming from Lowe’s change in 

locations, but denies any reprisal. 

Printing Press and Lowe’s entered into a contract under which Lowe’s constructed 

a new retail store, whose footprint lies inside both the wedge and the eastern portion of 

the land. Under Printing Press’ agreement with Lowe’s, if Printing Press secures a permit 

for direct access of a driveway onto the boulevard, within five years of Lowe’s opening 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

15

business, Lowe’s will reimburse Printing Press for all driveway construction and 

permitting costs up to $170,000. Printing Press thereafter commenced steps to gain direct 

access to Valley Mall Boulevard. 

Consistent with the development agreement, Printing Press Properties submitted

permit applications to the city of Union Gap in early 2015 to construct a driveway with 

access onto Valley Mall Boulevard. Union Gap describes its review of that application 

with a declaration from the Union Gap Director of Public Works & Community 

Development Dennis Henne, who testified: 

Union Gap spent significant time reviewing this application and 

meeting with consultants to determine whether it would be safe to grant this 

permit and whether it met applicable highway requirements. For instance, 

Union Gap consulted with HLA Engineering and Land Surveying regarding 

safety concerns over sight, distance, and speed, and ultimately determined 

that the proposed project did not meet generally acceptable design practices 

for an Intermodal Connector and was unsafe. The American Association of 

State Highway and Transportation Officials (ASSHTO) Policy on 

Geometric Design of Highways and Streets, provide guidance to the 

designer by referencing a range of values for critical dimensions. The 

manual recommends a minimum sight distance for passing decisions on a 

designed 45 [m.p.h.] Rural and Urban Arterial to be 1625 (ft), more than 

double the sight distance of the proposed [Printing Press Properties] 

driveway.

CP at 240-41. 

Union Gap worries about low or short sightlines on the boulevard due to 

undulations in the road caused by the bridge over the train tracks. Union Gap claims 

drivers on the boulevard that would slow or stop at Lowe’s driveway could cause rear-
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

16

end collisions and traffic congestion. Printing Press disputes the safety concerns about 

access to its land from Valley Mall Boulevard and criticizes Union Gap Public Works 

Director Dennis Henne for lacking a professional engineer’s license. 

On August 25, 2015, Union Gap sent Printing Press a letter denying the access 

permit application. On September 15, 2015, Printing Press submitted a letter to Union 

Gap withdrawing its application. Printing Press chose not to appeal and subsequently 

submitted another application to the city of Yakima. 

The city of Yakima approved two permits for Printing Press. The first permit 

authorizes excavation for the proposed driveway and demolition of existing boulevard 

improvements, including sidewalks and curbing. Yakima also issued an engineering 

permit to construct the driveway. Printing Press then dedicated an easement on its land to 

the public for the driveway. Yakima officials did not share the safety concerns expressed 

by Union Gap about Printing Press’ land’s access to Valley Mall Boulevard. 

Union Gap notified Printing Press in writing that Union Gap, not Yakima, 

controlled access to the boulevard and that Printing Press lacked authority to construct 

the driveway. Nonetheless, Printing Press started construction, but stopped short of 

cutting curbs or sidewalks and accessing the boulevard. 

PROCEDURE

Union Gap filed suit against Printing Press to obtain an injunction precluding 

Printing Press from cutting curbing along Valley Mall Boulevard and building a driveway 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

17

to access the boulevard. Union Gap asserted a cause of action for breach of the 

development agreement. Union Gap alleged that a Washington city may control real 

property it owns and a private party cannot force a city to allow direct access to a road the 

city owns when: (1) the private landowner lacked access to the road before the city 

improved the road, (2) the private landowner signed a contract that prohibited direct 

access onto the road, (3) the city provided, at great expense, alternative access to the 

private land from an adjacent public road, and (4) the city purchased the land, on which 

the road sits, in fee title from the private landowner. In response, Printing Press

emphasized that its land lies entirely inside the jurisdiction of the city of Yakima and 

Yakima holds authority to determine access from the north of the boulevard. Printing 

Press also contended that Union Gap’s failure to appeal, under the Land Use Petition Act 

(LUPA), chapter 36.70C RCW, the city of Yakima’s approval of the grade and access

permits to construct the driveway bars this suit as untimely. 

Union Gap and Printing Press filed cross-motions for summary judgment. By its 

motion, Union Gap requested an order declaring that Printing Press lacked a legal right to 

open an access driveway from its property to Valley Mall Boulevard. Union Gap also 

sought an injunction precluding Printing Press from cutting the curb along the boulevard. 

Printing Press, by its summary judgment motion, sought dismissal of all of Union Gap’s 

claims. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

18

The trial court granted Printing Press’ motion. The trial court concluded that 

Union Gap could not regulate outside its jurisdiction and that the development agreement 

covered only the wedge. Pursuant to the parties’ contract, the trial court granted Printing 

Press reasonable attorney fees and costs as the prevailing party. 

LAW AND ANALYSIS

Under familiar principles of summary judgment jurisprudence, this reviewing 

court reviews an order for summary judgment de novo. Keck v. Collins, 184 Wn.2d 358, 

370, 357 P.3d 1080 (2015). We must determine whether “‘the pleadings, depositions, 

answers to interrogatories, and admissions on file, together with the affidavits, if any,

show that there is no genuine issue as to any material fact and that the moving party is 

entitled to a judgment as a matter of law.’” Parkin v. Colocousis, 53 Wn. App. 649, 653, 

769 P.2d 326 (1989) (quoting CR 56(C)). Both parties sought summary judgment before 

the trial court. Neither party contends disputed facts preclude a grant of summary 

judgment. 

Land Use Petition Act

Printing Press asks that this court deny review of the merits of the city of Union 

Gap’s appeal. Printing Press observes that Union Gap failed to appeal the city of 

Yakima’s decision to issue permits for the driveway, and, thus, Printing Press asserts that 

Washington’s LUPA bars this suit. Because of the nature of Union Gap’s suit, we 

disagree. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

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LUPA pertains to judicial review of all land use decisions with some exceptions 

noted in the statute. RCW 36.70C.010-.030; Chelan County v. Nykreim, 146 Wn.2d 904, 

916, 52 P.3d 1 (2002). In enacting LUPA in 1995, the Washington Legislature 

determined that LUPA “shall be the exclusive means of judicial review of land use 

decisions,” with certain specific exceptions. RCW 36.70C.030(1); Chelan County v. 

Nykreim, 146 Wn.2d at 917 (emphasis and footnote omitted). 

LUPA bars a land use petition, and the court may not grant review of the petition

unless the petitioner files the petition with the court within twenty-one days of the 

issuance of the land use decision. RCW 36.70C.040(3); Asche v. Bloomquist, 132 Wn. 

App. 784, 799, 133 P.3d 475 (2006). LUPA’s statute of limitations begins to run on the 

date an agency issues a land use decision, and even illegal decisions must be challenged 

in a timely, appropriate manner. Habitat Watch v. Skagit County, 155 Wn.2d 397, 407-

08, 120 P.3d 56 (2005). Union Gap never filed an appeal, let alone a timely appeal, of 

the permits issued by Yakima to Printing Press.

We agree that the city of Yakima’s issuance to Printing Press of the excavation 

and engineering permits constituted land use decisions. A “land use decision” includes:

a final determination by a local jurisdiction’s body or officer with 

the highest level of authority to make the determination, including those 

with authority to hear appeals, on:

(a) An application for a project permit or other governmental 

approval required by law before real property may be improved, developed, 

modified, sold, transferred, or used . . . .

. . . .
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

20

(c) The enforcement by a local jurisdiction of ordinances regulating 

the improvement, development, modification, maintenance, or use of real 

property.

RCW 36.70C.020(2) (emphasis added). We hold, however, that LUPA does not control 

Union Gap’s suit. 

The city of Union Gap does not directly challenge the issuance of the permits by 

Yakima. Union Gap instead seeks to enforce its contract rights. If a cause of action 

arises independently of the relevant land use petition, the claim is not barred. Asche v. 

Bloomquist, 132 Wn. App. at 800 (2006). Claims that do not depend on the validity of a 

land use decision are not barred. Asche v. Bloomquist, 132 Wn. App. at 800. 

Printing Press labels Union Gap’s suit “a collateral attack” on a land use decision. 

Printing Press claims that the current lawsuit would be unnecessary but for the issuance 

of the permits. According to Printing Press, barring Union Gap’s suit as untimely would 

serve LUPA’s and Washington’s stated policy of favoring administrative finality in land 

use decisions. Samuel’s Furniture, Inc. v. Department of Ecology, 147 Wn.2d 440, 458, 

54 P.3d 1194 (2002). 

Printing Press contends that Holder v. City of Vancouver, 136 Wn. App. 104, 147 

P.3d 641 (2006) and Asche v. Bloomquist, 132 Wn. App. 784 (2006) compel a conclusion 

that Union Gap’s litigation arises directly from the permits issued by the city of Yakima 

and thereby LUPA controls. In Asche, a neighboring property owner failed to file a 

LUPA appeal related to the issuance of a county building permit for residential 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

21

construction on an adjoining property. Printing Press emphasizes that the court, in Asche, 

recognized the interests of an adjacent property owner and determined that injunctive 

relief was available through a LUPA appeal. Nevertheless, we distinguish Asche because 

the neighboring property owner challenged the issuance of the permit on the basis that the 

county violated its zoning code when issuing the permit. The property owner did not 

assert any right under a contract or independent of the county code. 

In Holder v. City of Vancouver, a property owner challenged the city of 

Vancouver’s hearing examiner’s order holding that he violated a city ordinance by 

parking and storing vehicles on unimproved surfaces. The court refused to entertain the 

suit because the property owner abandoned any claim under LUPA and LUPA controlled 

the challenge to the hearing examiner’s decision. 

Woods View II, LLC v. Kitsap County, 188 Wn. App. 1, 352 P.3d 807 (2015) bears 

more relevance to Union Gap’s suit. A developer alleged that Kitsap County negligently 

delayed the issuance of building permits. The county argued that its permitting actions 

could be challenged only under LUPA and the developer’s failure to appeal under LUPA 

barred the suit. This court agreed with the developer that LUPA did not bar its action 

because it sought monetary compensation rather than a modification of a land use 

decision. 

If Union Gap limited its claims to an argument that the city of Yakima lacked 

authority to issue the permits to Printing Press or that Yakima violated its code when 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

22

issuing the permits, we might agree with Printing Press. Nevertheless, Union Gap’s suit 

rises independently of the Yakima permits. Union Gap relies on its contract with Printing 

Press, which contract the parties entered outside of and before the city of Yakima’s 

permit issuances. If Printing Press started construction on the driveway in the absence of 

any permit, Union Gap would have filed this same suit alleging breach of contract under 

the parties’ development agreement. Printing Press contravenes the intent of LUPA by 

using the act as an excuse to shirk its contractual obligations under the development 

agreement with Union Gap.

Printing Press underscores that Union Gap seeks to enjoin the exercise of the 

rights granted by the Yakima permits. Nevertheless, Union Gap does not seek to enjoin 

enjoyment of the permits because of any fault in the issuance of the permits, but because 

Printing Press’ claimed rights coincide with the rights Printing Press surrendered under 

the development agreement. 

We analogize to a hypothetical situation under which a neighborhood contains 

restrictive covenants prohibiting the harboring of large commercial animals. Harry 

Smith, who resides in the neighborhood, seeks and obtains a variance to the city zoning 

code, which variance permits his building of a cow pen. Smith intends to raise beef cattle 

for sale to others. Smith’s neighbor, Betty Ross, does not appeal the issuance of the city 

permit. Instead Ross sues Smith for violating the restrictive covenants. LUPA should 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

23

not bar the enforcement of private agreements concerning the use of land. Ross does not 

challenge the city’s authority to issue the permit. 

The Development Agreement

We now address the merits of city of Union Gap’s appeal. Union Gap asserts 

numerous arguments. Union Gap contends that Printing Press would breach the 

development agreement by cutting access to Valley Mall Boulevard from its land. Union 

Gap maintains that, apart from the development agreement, it possesses authority as the 

landowner, under which the boulevard runs, to preclude access to the boulevard. Union 

Gap posits that the deed from Printing Press to the city reserved no access rights or 

easement allowing entrance to the boulevard. Union Gap argues that the city of Yakima 

assigned Union Gap the right to control access to the boulevard even from property 

located inside the city limits of Yakima. 

In response to Union Gap’s appeal, Printing Press contends that Union Gap lacks 

regulatory authority to preclude access to the boulevard. Printing Press also argues that 

any prohibition contained in the development agreement to access Valley Mall Boulevard 

concerned only the wedge and not the eastern portion. Printing Press wishes to place the 

access point to Valley Mall Boulevard inside the eastern portion. Printing Press also 

contends that any prohibition on access to the boulevard is precatory, not mandatory, in 

nature. Printing Press furthermore argues that the development agreement could not 

apply to its property because a city may only enter a development agreement for land 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

24

inside its city limits. Finally, Printing Press asserts that, as an abutting landowner, it is 

entitled to access to West Valley Mall Boulevard and the city of Yakima authoritatively 

granted it access. 

We hold that the development agreement between the city of Union Gap and 

Printing Press precludes Printing Press direct access to the boulevard. Therefore, we do 

not address Union Gap’s other contentions. 

Union Gap and Printing Press signed a development agreement seven years after 

Printing Press conveyed the subject land to Union Gap for Valley Mall Boulevard. 

Union Gap contends that the agreement grants it the prerogative to deny access to the 

boulevard from Printing Press land. We repeat the access subsection or subsection i that 

controls the appeal: 

i. PPI acknowledges that provisions of UGMC Chapter 9.34 may 

prohibit direct access to Valley Mall Boulevard. Any access to the 

property from Valley Mall Boulevard shall be subject to municipal review 

and conditioning at time of project permit application.

CP at 605 (emphasis added). Union Gap further contends that section i encompasses 

Printing Press’ entire tract. 

Printing Press argues that the parties intended the development agreement, 

particularly the access subsection, to govern only the wedge portion originally located 

within Union Gap City limits. Printing Press also contends that the language of the 

access subsection portends the possibility of granting of some access because the word 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

25

“may,” preceding the word “prohibit,” does not afford unlimited control. Printing Press 

contends the word “may” recognizes some uncertainty as to whether Union Gap has legal 

authority to deny access to Valley Mall Boulevard outside its jurisdiction and that, in fact, 

Union Gap lacks such authority. 

Our task is to discern the intent of the parties to the development agreement. 

Kelley v. Tonda, 198 Wn. App. 303, 311, 393 P.3d 824 (2017). This task entails our 

selecting principles of contract construction that helps us best discern the intent of the 

parties rather than imposing a preferable outcome. Neither party asks us to construe the 

contract against the other party on the basis that the other party drafted the language. 

Neither party forwards any conversations during the negotiations or drafting of the 

agreement that would assist in construing the contract. 

Union Gap alleges it would never have entered into the development agreement, 

nor have ameliorated Longfibre Road, if it knew that Printing Press intended to disregard 

the contract and construct the driveway over Union Gap’s objection. We find this 

testimony unhelpful because Union Gap provides no evidence that it stated this 

understanding to Printing Press. We do not consider a party’s unexpressed subjective 

intent. Grant County Port District No. 9 v. Washington Tire Corp., 187 Wn. App. 222, 

233, 349 P.3d 889 (2015). 

We principally rely on three principles of contractual interpretation. First, a court 

will view the contract as a whole, interpreting particular language in the context of other 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

26

contract provisions. Viking Bank v. Firgrove Commons 3, LLC, 183 Wn. App. 706, 713, 

334 P.3d 116 (2014). Second, courts must read each contract as an average person would 

read it without giving it strained or forced meaning. Mid-Century Insurance Co. v. 

Henault, 128 Wn.2d 207, 213, 905 P.2d 379 (1995). Third, we consider the actions of 

the parties subsequent to the signing of the contract as evidence of intent at the time of 

signing. Higgins v. Stafford, 123 Wn.2d 160, 165, 866 P.2d 31 (1994); In re Estate of 

Wimberley, 186 Wn. App. 475, 505, 349 P.3d 11 (2015). 

We first decide if the access subsection covers the entire tract, including the 

eastern portion. The development agreement employs various terms when mentioning 

Printing Press’ real estate. The ever changing words both complicate our inquiry and 

provide clues in answering this question. 

The recording cover sheet does not use any term for Printing Press’ land other than 

“legal description, abbreviated form.” CP at 403. The legal description on the cover 

sheet presumably describes the entire tract. The first page of the development agreement 

also contains no term for the land and repeats the same abbreviated legal description. 

Nevertheless, the first page adds the sentence: “Complete legal description is attached as 

Exhibit A to this document.” CP at 404. Then, to Printing Press’ advantage, Exhibit A 

reads: 

That part of the: southeast quarter of the southwest quarter of the 

southeast quarter of Section 31, Township 13 North, Range 18 East W.M., 

lying westerly of the city limits of Yakima, Washington. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

27

CP at 413 (emphasis added). The wedge was then Printing Press’ only property west of 

the Yakima limits. 

Printing Press astutely argues that the attached legal description shows the intent 

to limit coverage of all provisions of the development agreement to the wedge, 

particularly when the cover page refers to this legal description as the “complete” 

description. Nevertheless, the first page of the agreement does not explicitly limit all of 

the terms of the development agreement to a select portion of Printing Press’ land or, in 

its body, define any term related to the land as limited to the wedge. For this reason and 

because the development agreement loosely employs terms related to Printing Press’ 

land, we disagree with Printing Press. 

The introductory paragraph to the development agreement indicates that the 

parties entered the agreement for the purposes of establishing standards for “development 

of PPI [Printing Press] property.” CP at 404. The agreement nowhere expressly defines 

“PPI” property. No evidence suggests that Printing Press only sought to develop the 

wedge. Instead, the wedge and the eastern portion are not distinct tracts and constitute 

one tax parcel. Lowe’s use of both the wedge and the eastern portion hints that Printing 

Press sought, at the time of the development agreement, to develop its entire tract. 

Recitals paragraphs C and D reads:

C. Whereas, Bud Clary Toyota of Yakima (“Clary”) and PPI are 

owners of real property located at the intersection of Valley Mall Boulevard 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

28

and Longfibre Road and intend to develop such properties (the “Subject

Properties”); and 

D. Whereas, the development of the Subject Properties is facilitated 

by the extension of Longfibre Road and significant community benefits are 

derived from the further development of a traffic grid system, extension of 

public water services and potential employment and tax revenues derived

from development; 

CP at 405. Finally, the development agreement imposes a term for property in quotation 

marks. The “subject properties” consists of the land owned by Clary and Printing Press 

at the intersection of Longfibre Road and Valley Mall Boulevard that the respective 

landowners intend to develop. Although the wedge is closer than the eastern portion to 

the proposed intersection of Longfibre Road and Valley Mall Boulevard, the entire tract 

constituted one unified parcel when the parties signed the development agreement. The 

eastern portion also constitutes land owned by Printing Press at the intersection, when we 

consider Printing Press’ property as a whole. More importantly, as already indicated, 

Printing Press intended to develop its entire tract. 

Paragraph one of the body of the agreement declares:

1. Proposed Private Development. PPI owns or controls certain real 

properties located in the City of Union Gap, commonly known as the PPI 

site, legally described on Exhibit “A” attached hereto and incorporated 

herein by this reference. It is the intent of PPI to sell and/or develop the 

subject property with commercial or light industrial land uses consistent 

with applicable municipal development standards. 

CP at 405 (emphasis added). Again, Exhibit A legally describes only the wedge. But we 

note that paragraph one refers to the wedge as the PPI “site,” not the “property,” a 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

29

nomenclature that suggests that “property,” when used in the agreement includes land 

more than the wedge. The second sentence in paragraph one could be read to imply that 

the word “site” coincides in meaning with the word “subject property.” Nevertheless, 

PPI intended to develop the eastern portion for commercial uses. Lowe’s is a commercial 

use. 

We move to paragraph 2 of the agreement, which reads: 

2. Amendment of Municipal Boundaries. The PPI property is 

currently subject to split jurisdiction between City of Yakima and City of 

Union Gap. The approximate location of the current municipal boundary is 

set forth on attached Exhibit B. . . . It is agreed that the entire PPI parcel

will be incorporated into the City of Yakima. All of the road right-of-way 

improvements for Longfibre Road as it extends north from Valley Mall 

Boulevard shall be within the jurisdiction of the City of Union Gap.

CP at 405 (emphasis added). This paragraph strongly intimates that the term “property”

includes the entire tract and the development agreement covers the entire tract. The first 

sentence mentions that the “PPI property” lies in both the city of Yakima and the city of 

Union Gap. At the time of the development agreement, only the eastern portion lay 

inside Yakima. In the third sentence, the term “parcel” is used for the first time. The 

paragraph does not refer to the PPI “site” as described in Exhibit A. The parties agree, in 

the third sentence, to place the “entire PPI parcel” inside the jurisdiction of Yakima. 

Thus, the agreement necessarily addresses the status of Printing Press’ entire tract. 

Important to our ruling is Exhibit B to the development agreement. The exhibit is 

a map of the area. The map imposes the label “PPI Property” inside the eastern portion. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

30

This label establishes an intent to consider PPI’s property, for purposes of the 

development agreement, as the entire tract. 

We come now to the critical subsection 3, which declares: 

c. PPI shall incorporate the following access management 

requirements into all site development plans: 

i. PPI acknowledges that provisions of UGMC Chapter 9.34 may 

prohibit direct access to Valley Mall Boulevard. Any access to the property 

from Valley Mall Boulevard shall be subject to municipal review and 

conditioning at time of project permit application. 

CP at 406 (emphasis added). The first sentence recognizes the potential of no direct 

access to Valley Mall Boulevard. The language does not suggest any section of the entire 

tract automatically receives direct access. If the parties wished the access subsection to 

deny access only from the wedge, the parties could have referred to “the PPI site 

described on Exhibit A” as it did in paragraph one of the agreement. According to the 

second sentence, Union Gap must approve “any access to the property from Valley Mall 

Boulevard.” CP at 406 (emphasis added). Throughout the development agreement, the 

term “property” typically refers to the entire tract. Exhibit B particularly labels the east 

land as “PPI Property.” Conceivably “municipal review” in the last paragraph could refer

to review by the city of Yakima, but we consider such a construction strained since the 

first sentence already refers to that portion of the Union Gap Municipal Code establishing 

Union Gap’s review of plans for access to an arterial. 

The remainder of section 3c of the development agreement details access points
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

31

from “PPI Property” to Longfibre Road. No language in the development agreement 

discloses details for any access to Valley Mall Boulevard. If Printing Press retained some 

right to direct access to Valley Mall Boulevard, one might expect the parties to delineate 

that important right, together with the particulars of the right, in the development 

agreement. 

Other reasons bolster our decision that the development agreement precluded 

direct access from the eastern portion to Valley Mall Boulevard without a permit from 

Union Gap. The eastern portion lies closer to the bridge over the railroad tracks than the 

wedge. More reason exists to deny access from the eastern portion. Printing Press has 

not forwarded any reason to permit access to Valley Mall Boulevard from the eastern 

portion, but not the wedge. 

The development agreement’s principal, if not sole, purpose was to improve 

access to Printing Press’ entire tract by improving Longfibre Road. Opening another 

portion of the entire tract to access Valley Mall Boulevard conflicts with this purpose. 

Finally, in construing the development agreement, we note that Printing Press first 

applied to Union Gap for a permit allowing direct access to Valley Mall Boulevard before 

Printing Press sought a permit from the city of Yakima. Thus, as illustrated by its 

subsequent actions, Printing Press also read the development agreement to apply to its 

entire tract, not only the wedge. 

We next examine whether access subsection, subsection 3.c.i., otherwise permits 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

32

Union Gap to deny Printing Press’ eastern portion access to Valley Mall Boulevard. 

According to Printing Press, the development agreement simply recognizes that UGMC 

Chapter 9.34 “may prohibit” direct access to Valley Mall Boulevard. CP at 605. 

Whether in fact the Union Gap Municipal Code actually can prohibit access is a different 

question. The phrase “may prohibit” only acknowledges the possibility of Union Gap’s 

ability to prohibit access and to determine whether that possibility can come into fruition 

requires an examination as to the powers of Union Gap to act outside its jurisdiction. 

The only law cited by Printing Press for the proposition that Union Gap cannot 

extend the provisions of its municipal code to land in the city of Yakima is Washington 

Constitution article XI, § 11. Article XI, § 11 declares:

Any county, city, town or township may make and enforce within its 

limits all such local police, sanitary and other regulations as are not in 

conflict with general laws.

Printing Press cites no case decided under the constitutional provision, let alone a case 

that suggests that Union Gap violates this constitutional section under the appealed 

circumstances. 

We observe that Union Gap does not seek to impose its municipal code on land 

outside its city limits without permission from the landholder. By signing the 

development agreement and for valuable consideration, Printing Press consented to the 

application of the code provisions. In this sense, Union Gap and Printing Press merely 

incorporated by reference the standards of the municipal code as part of the contract 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

33

terms. Union Gap does not seek to enforce a regulation outside its limits. The city 

instead seeks to enforce a contractual term. Printing Press cites no case that precludes a 

city and a landowner outside the city limits from contracting to apply a municipal code 

section to the contracting relationship. 

Wilson v. City of Mountlake Terrace, 69 Wn.2d 148, 417 P.2d 632 (1966) 

minimally supports our position. Mountlake Terrace adopted a city ordinance 

authorizing the insertion of a fluoride chemical into the city’s potable water supply. A.P. 

Wilson and others resided outside the city limits. Nevertheless, due to a connection in 

pipes between the city’s water system and the water district system that served Wilson 

and his neighbors, residents outside city limits would also receive fluoridated water. 

Wilson and others sued and alleged that the city sought to exercise its police power over 

land outside city limits. The Supreme Court disagreed. The court noted that the city did 

not exercise its police power over land outside city limits, but instead the fluoridation 

resulted from a contract between the city and the water district. Wilson’s receipt of 

fluoridated water was incidental to the city’s exercise of its police power in furnishing 

fluoridated water to its inhabitants. 

Union Gap’s prohibition of cuts along Valley Mall Boulevard results from a 

contract with Printing Press, not necessarily the assertion of police power jurisdiction 

outside city limits. Union Gap seeks to exercise its police power over Valley Mall 

Boulevard, a major thoroughfare that passes in part through its city limits. Printing Press’ 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

34

inability to gain direct access to the arterial is incidental to Union Gap’s promotion of 

public safety of its residents and others traversing the boulevard. 

Finally, Printing Press argues that Union Gap lacked statutory authority to enter 

the development agreement, at least to the extent the agreement covers the eastern portion 

of land. Printing Press relies on RCW 36.70B.170, the statute that authorizes a city to 

enter a development agreement. The statute reads, in pertinent part:

A local government may enter into a development agreement with a 

person having ownership or control of real property within its jurisdiction. 

A city may enter into a development agreement for real property outside its 

boundaries as part of a proposed annexation or a service agreement.

RCW 36.70B.170(1). Printing Press highlights that its eastern portion lies outside city 

limits. 

Printing Press’ argument ignores some critical facts. First, at the time of the 

execution of the development agreement, its property lay in part inside the city limits of 

Union Gap. Yakima later annexed the wedge, which was not a distinct parcel at the time 

Printing Press signed the agreement. Printing Press cites no law supporting a conclusion 

that a city cannot enter into a development agreement that covers an entire tract of land,

part of which lies within city limits and part which lies outside city limits. Printing Press 

cites no legal authority that the development agreement, or a paragraph thereof, becomes 

void if the property leaves the city limits after execution of the agreement. 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

35

REMEDY

As part of its summary judgment motion, Union Gap requested that the trial court 

enter a declaration that Printing Press would violate the development agreement by 

building the driveway and an injunction enjoining Printing Press from constructing the 

driveway on its land. Because the trial court granted Printing Press a summary judgment 

dismissing Union Gap’s complaint, the trial court did not address any remedies. Union 

Gap asks for injunctive and declaratory relief on appeal. In its responding appeal brief, 

Printing Press does not address Union Gap’s request for an injunction or declaratory 

order. 

Under Washington’s Uniform Declaratory Judgments Act, chapter 7.24 RCW, the 

court may enter a declaratory order when there is a justiciable controversy: (1) which is 

an actual, present and existing dispute, or the mature seeds of one, as distinguished from 

a possible, dormant, hypothetical, speculative, or moot disagreement, (2) between parties 

having genuine and opposing interests, (3) which involves interests that must be direct 

and substantial, rather than potential, theoretical, abstract or academic, and (4) a judicial 

determination of which will be final and conclusive. Diversified Industries Development 

Corp. v. Ripley, 82 Wn.2d 811, 815, 514 P.2d 137 (1973). We conclude that this lawsuit

presents an actual, present and existing dispute between Union Gap and Printing Press 

regarding Valley Mall Boulevard access. The parties hold genuine and opposing 

interests, which are direct and substantial, regarding the partial demolition of the curb 
No. 34740-1-III

City of Union Gap v. Printing Press Properties, LLC

36

along Valley Mall Boulevard. The cut in the curb and resulting traffic would damage 

Union Gap’s property and conflict with Union Gap’s plans and safety concerns. Any 

judicial determination of the parties’ rights and obligations under the development 

agreement will be final and conclusive. 

Under RCW 7.24.080, a court possesses authority, in a declaratory judgment 

action, to issue further relief in addition to entering a declaratory judgment. That relief 

includes a permanent injunction. Ronken v. Board of County Commissioners of 

Snohomish County, 89 Wn.2d 304, 311, 572 P.2d 1 (1977). A court may issue a 

permanent injunction to prevent a trespass. Hedlund v. White, 67 Wn. App. 409, 418, 

836 P.2d 250 (1992). An injunction is appropriate to prevent damage to real property. 

Vander Vate v. Watson, 19 Wn.2d 68, 71, 140 P.2d 964 (1943). We agree with Union 

Gap that the law affords it declaratory and injunctive relief. 

Union Gap seeks a prohibition against Printing Press constructing its driveway. 

We modify this request. Printing Press may build whatever driveway it wishes on its 

land consistent with Yakima’s regulations. But Printing Press may not cut the curb or 

sidewalks along Valley Mall Boulevard or gain direct access from its land to the 

boulevard. 

ATTORNEY FEES

The development agreement affords the prevailing party reasonable attorney fees 

and costs. The trial court awarded Printing Press reasonable attorney fees and costs on 
No. 34740-1-III 

City of Union Gap v. Printing Press Properties, LLC 

entry of the summary judgment order favoring Printing Press. We reverse the award of 

reasonable attorney fees and costs to Printing Press. We grant Union Gap reasonable 

attorney fees and costs on appeal and for fees incurred before the superior court. 

CONCLUSIONS 

We reverse the summary judgment order favo~ing Printing Press and grant 

judgment to Union Gap on its contract claim. We remand to the superior court to enter 

an injunction precluding Printing Press from cutting the curb or sidewalks of Valley Mall 

Boulevard or gaining direct access from its land to the boulevard. We also remand to the 

superior court to determine the amount in reasonable attorney fees and costs to be 

awarded Union Gap as the prevailing party and for fees incurred at both the trial court 

and appeals court level. 

WE CONCUR: 

Pennell, J. 

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Go gle Maps Longfibre Rd 

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https://www.google.com/maps/place/Longfibre+Rd, +Union+Gap, +WA+98903/@46.5634678, -120.4949498,87 4m/data=!3m 1 ! 1 e314m5!3m4! 1 s0x5499d62856e 7287f:Ox51 e394da6e21 e603!8m2!3d46.563 .. . 1 /1