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SKAGIT SURVEYORS v. FRIENDS OF SKAGIT

No. 64798-4.

958 P.2d 962 (1998)

135 Wash.2d 542

SKAGIT SURVEYORS AND ENGINEERS, LLC, a Washington limited liability corporation; Skagit County Association of Realtors, a Washington non-profit corporation; and Willard M. Hendrickson, and Ida M. Hendrickson, husband and wife, d/b/a Hendrickson Realty, Respondents, v. FRIENDS OF SKAGIT COUNTY, a Washington non-profit corporation, Petitioner, Barbara Rudge and Andrea Xaver, individually; and The Western Washington Growth Management Hearings Board, Defendants, State of Washington, Intervenor. SKAGIT COUNTY, a municipal corporation, Respondent, v. FRIENDS OF SKAGIT COUNTY, a Washington non-profit corporation, Petitioner, Barbara Rudge and Andrea Xaver, individually; and the Western Washington Growth Management Hearings Board, Defendants, State of Washington, Intervenor.

Supreme Court of Washington, En Banc.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Bricklin & Gendler, David Bricklin, Seattle, for Petitioner.

Barbara Rudge, Anacortes, Andrea Xaver, David Needy, Skagit County Prosecutor, John Moffat, Deputy Skagit County Prosecutor, Paul Taylor, Mount Vernon, Peter Buck, Kitteridge Oldham, Buck & Gordon, Seattle, Groen & Stephens, John Groen, Bellevue, for Petitioners.

Christine Gregoire, Attorney General, Marjorie Smitch, Alan Copsey, Assistant Attorney Generals, Olympia, for Respondents.

Paul M. Parker, Olympia, Amicus Curiae on behalf of Washington State Association of Counties.

Law Offices of J. Richard Aramburu, Jeffrey M. Eustis, Seattle, for Amicus Curiae on behalf of 1000 Friend of Washington.

GUY, Justice.

In this direct appeal from a growth management hearings board decision, we are asked to determine the scope and validity of the enforcement sections of Washington's Growth Management Act, RCW 36.70A, and the validity of their application in this case.

Petitioners claim that a growth management hearings board does not have authority to invalidate a zoning ordinance which was enacted before the effective...

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