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DEN BESTE v. POLLUTION CONTROL HEARINGS BD.

No. 13967-1-III.

914 P.2d 144 (1996)

81 Wash.App. 330

Fred W. DEN BESTE; Billy Z. Wolfe; Wyckoff Farms, Inc., "350" Hoff Orchard Partnership; Golden Gate Hop Ranches, Inc.; Auld Ranch; Kenneth E. Lewis; John N. Anderson; Hill Fruits; A/B Hop Farms, Inc.; Tudor Hills Vineyard, Inc.; Skyvue Orchards Inc.; Doris Brulotte; Vista Ridge Orchards; Marion Vance; State of Washington, Department of Natural Resources; and State of Washington, Department of Ecology, Respondents, v. STATE of Washington, POLLUTION CONTROL HEARINGS BOARD, Environmental Hearings Office, Defendants, Confederated Tribes and Bands of the Yakima Indian Nation, Appellants.

Court of Appeals of Washington, Division 3, Panel Two.

April 18, 1996.

Attorney(s) appearing for the Case

Jack W. Fiander, Cindy Shapiro and Michael Bauer, Yakima Indian Nation, Toppenish, for Appellants.

G. Scott Beyer, Menke, Jackson & Beyer, Yakima, Charles W. Lean, Tacoma, John S. Moore, Jr., Velikanje, Moore & Shore, Yakima, Donald H. Bond, Halverson & Applegate, Yakima, Mark Fortier, Yakima, Martha Joan Messex Casey, Assistant Attorney General, Olympia, for Respondents.

THOMPSON, Judge.

The Yakima Indian Nation appealed 43 Department of Ecology (Department) decisions to the Pollution Control Hearings Board (PCHB). The decisions permitted various applicants to withdraw groundwater in the Black Rock, Moxee and Rattlesnake Ridge areas around Yakima. Motions by several applicants to dismiss the appeals as untimely were denied by the PCHB and the applicants appealed to Yakima County Superior Court. After the superior court reversed the...

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