KILPATRICK v. CITY OF ANACORTES

No. 37704-3-I.

927 P.2d 1145 (1996)

84 Wash.App. 327

F. Michael KILPATRICK and Sally D. Kilpatrick, husband and wife, Appellants, v. CITY OF ANACORTES, a municipal corporation in the State of Washington; and the Board of Adjustment of the City of Anacortes, Respondents.

Court of Appeals of Washington, Division 1.

December 19, 1996.


Attorney(s) appearing for the Case

C. Thomas Moser, Mount Vernon, for Appellants.

Stephen Mansfield, Anacortes, for Respondents.


BECKER, Judge.

The Anacortes Board of Adjustment voted at a public meeting to deny the Kilpatricks' application for a variance. Twenty-seven days later, the Kilpatricks sought review in superior court. The statutory time limit for seeking a writ is 10 days from the Board's "action". The court dismissed their complaint as untimely. We affirm, rejecting the argument that "action" requires entry of a written document. The "action" that triggered the appeal period was...

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