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JUANITA BAY VALLEY COM. v. KIRKLAND

No. 1955-1.

9 Wn. App. 59 (1973)

510 P.2d 1140

JUANITA BAY VALLEY COMMUNITY ASSOCIATION et al., Appellants, v. THE CITY OF KIRKLAND et al., Respondents, JOHN A. BIGGS, Appellant.

The Court of Appeals of Washington, Division One — Panel 1.

June 4, 1973.

Attorney(s) appearing for the Case

Schroeter, Jackson, Goldmark, Bender, Anderson, Whelan, Brotman & Leed, P.S., and Roger M. Leed, for appellants.

Powell, Livengood, Dunlap & Silvernale, Robert P. Tjossem, Ostrander, Van Eaton, Thomas & Ferrell, and Ralph I. Thomas, for respondents.

Slade Gorton, Attorney General, Charles B. Roe and Charles W. Lean, Assistants, amici curiae.

SWANSON, C.J.

Does the State Environmental Policy Act of 1971 (SEPA) (RCW 43.21C) require branches of state government, specifically municipalities, to exercise legislative discretion with reference to the issuance of land use permits otherwise available as a matter of right in order to assist in the implementation of the state's environmental policy? We hold that it does.

This is an appeal by a group of property...

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