SPARKS v. DOUGLAS COUNTY

No. 12545-9-III.

72 Wn. App. 55 (1993)

863 P.2d 142

HERSCHEL SPARKS, ET AL, Appellants, v. DOUGLAS COUNTY, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

December 14, 1993.


Attorney(s) appearing for the Case

James R. Graettinger, for appellants.

Judith L. McCauley, Prosecuting Attorney, for respondents.


THOMPSON, C.J.

Herschel and Elizabeth Sparks appeal a superior court judgment upholding the Douglas County Commissioners' conditional approval of their short plat applications. They contend the requirement that they dedicate strips of land abutting existing roads for future right of way use is arbitrary and capricious and constitutes a taking without compensation. We reverse.

The unchallenged findings state that the Sparkses filed four short plat applications...

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