KING COUNTY v. DEPT. OF DEVELOPMENT

Nos. 66432-8-I, 66433-6-I, 66434-1-I.

273 P.3d 490 (2012)

KING COUNTY, a Washington municipal corporation, Jeffrey L. Spencer, a single man, Ronald A. Shear, a single man, Appellants, v. KING COUNTY DEPARTMENT OF DEVELOPMENT AND Published Opinion ENVIRONMENTAL SERVICES, an executive agency, Respondent.

Court of Appeals of Washington, Division 1.

April 2, 2012.


Attorney(s) appearing for the Case

Cheryl D. Carlson , King County Prosecutor's Office, Seattle, WA, Brian E. Lawler , Denise M. Hamel , Lucy R. Bisognano , Socius Law Group PLLC, Seattle, WA, Robert West , West Law Offices PS, Auburn, WA, for Appellant.

Cristy J. Crag , King County Prosecuting Office, Seattle, WA, for Respondent.


SPEARMAN, J.

¶ 1 Ronald Shear and Jeffrey Spencer appealed a notice of violation, issued by the King County Department of Development and Environmental Services (DDES), for alleged unauthorized operation of a materials processing facility within a critical area. The hearing examiner concluded that Shear and Spencer had established a valid nonconforming use and that the use did not occur within a critical area. DDES filed an appeal under the Land Use Petition...

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