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• • <br /> Court would consider under a public nuisance action chapter 7.48 RCW—specifically,do the <br /> 1 <br /> 2 conditions on Yost's Property exist and constitute public nuisances. Yost did not appeal the <br /> 3 Examiner's Decision and it is a final decision on the merits. The parties to this lawsuit are the <br /> 4 same as the parties to the code enforcement matter(the City and Yost). Applying collateral <br /> 5 estoppel here would not cause an injustice to Yost,but would fulfill the purpose of collateral <br /> 6 estoppel by preventing the re-litigation of an issue that has been"necessarily and finally <br /> 7 <br /> determined in[an] earlier proceeding." Christensen v. Grant County Hospital District No. 1, 152 <br /> 8 <br /> Wn.2d 299,307, 96 P.3d 957 (2004). <br /> 9 <br /> 10 When considering the application of collateral estoppel to an administrative decision,the <br /> 11 Court must consider three additional factors: "(1)whether the agency acted within its competence, <br /> 12 (2)the differences between procedures in the administrative proceeding and court procedures,and <br /> 13 (3)public policy considerations." Christensen, 152 Wn.2d at 308, 96 P.3d 957. <br /> 14 The purpose of applying collateral estoppel to administrative agency decisions was stated <br /> 15 <br /> by U.S. Supreme Court: <br /> 16 <br /> Such repose is justified on the sound and obvious principle of <br /> 17 judicial policy that a losing litigant deserves no rematch after a defeat <br /> fairly suffered,in adversarial proceedings, on an issue identical in <br /> 18 substance to the one he subsequently seeks to raise. To hold <br /> 19 otherwise would, as a general matter,impose unjustifiably upon <br /> those who have already shouldered their burdens,and drain the <br /> 20 resources of an adjudicatory system with disputes resisting <br /> resolution. <br /> 21 <br /> Christensen, 152 Wn.2d at 307-08(citing Astoria Fed. Say. &Loan Ass'n v. Solimino, 501 U.S. <br /> 22 <br /> 23 104, 107-08 (1991)). <br /> 24 The Examiner is authorized to issue findings of fact, conclusions of law and orders in code <br /> 25 enforcement matters pursuant to chapter 1.20 EMC. Code enforcement proceedings before the <br /> Yost Summary Judgment Motion OFFICE OF TIIE CITY AT'roRNEY <br /> Page 11 of 23 CITY OF EVERETT <br /> 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)2.57-7000 <br />