HILLTOP TERRACE ASS'N v. ISLAND COUNTY

No. 61443-1.

126 Wn.2d 22 (1995)

891 P.2d 29

HILLTOP TERRACE HOMEOWNER'S ASSOCIATION, ET AL, Respondents, v. ISLAND COUNTY, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

March 30, 1995.


Attorney(s) appearing for the Case

William H. Hawkins, Prosecuting Attorney, and David L. Jamieson, Jr., Deputy, for petitioner Island County.

Foster Pepper & Shefelman, Richard L. Settle, Michael K. Vaska, and John A. Fandel; Buck & Gordon, Amy L. Kosterlitz, and Peter L. Buck, for petitioners Interstate Mobilephone Company, et al.

Lewis H. Orland; Helsell, Fetterman, Martin, Todd & Hokanson, by Peter J. Eglick, for respondents.

Gordon Sivley on behalf of Association of Washington Cities, Washington State Association of Counties, and Washington Association of Prosecuting Attorneys, amici curiae for petitioners.

Stephen M. Rummage on behalf of The Building Industry Association of Washington, amicus curiae for petitioners.

William R. Andersen; Nancy Yamamoto on behalf of the Washington Environmental Council, amicus curiae.


DURHAM, C.J.

Island County, its Board of County Commissioners (BOCC), Interstate Mobilephone Company (Interstate), and others seek reversal of a Court of Appeals decision which overturned the County's approval of a conditional use permit.1 The permit concerned a site for a cellular phone and microwave relay tower on Whidbey Island. The BOCC denied the permit, and the denial became final when it was not timely appealed. Some 7 months later...

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