
    [No. 23372-3-III.
    Division Three.
    June 22, 2006.]
    Thomas E. Myers, Respondent, v. The City of Cheney, Appellant.
    
   Appeal from a judgment of the Superior Court for Spokane County, No. 01-2-03076-5, Salvatore F. Cozza, J., entered September 13, 2004. Affirmed in part and reversed in part by unpublished opinion per Sweeney, C.J., concurred in by Brown and Kulik, JJ.  