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MANKE LUMBER CO., INC. v. DIEHL

No. 21438-5-II.

959 P.2d 1173 (1998)

MANKE LUMBER COMPANY, INC. Respondent, v. James E. DIEHL, Defendant, and Western Washington Growth Management Hearings Board, an agency of the State of Washington; Mason County, a Washington municipal corporation; Kerry Holm, Gordon Jacobson, and Vern Rutter, individually and as members of The Mason County Community Development Council, a Washington non-profit association; and Peter Overton; Donald B. Payne; McDonald Land Company, et al.; Skookum Lumber Company; Mason County Private Property Alliance (MCPPA); City of Shelton, a Washington municipal corporation; Paul Hunter and Bill Hunter, Jr., d/b/a Hunter Farms and Jim Hunter, d/b/a Hunter Christmas Trees, Appellants.

Court of Appeals of Washington, Division 2.

Reconsideration Denied September 1, 1998.

Attorney(s) appearing for the Case

Brent David Boger, Bellevue, Amicus Curiae Pacific Legal Foundation.

Elaine Louise Spencer, Bogle and Gates, Seattle, Amicus Curiae Building Industry Assoc. of Washington.

Marjorie Ann Smitch, Office of Attorney General, Olympia, Kevin W. Teague, Seattle, for Appellants.

William Theodore Lynn, Caroleen Mc Fadden Dineen, Gordon, Thomas, Honeywell, et al, Tacoma, Eric Valley, Mason Co. Pros. Atty. Ofc., Benjamin Hale Settle, Settle & Johnson, Shelton, Sarah Wayne Smyth, Alexander Weal Mackie, Owens, Weaver, Davies, Mackie & Lyman, Olympia, John Charles McCullough, Seattle, for Respondent.

Paul Hunter, Bill Hunter Jr., d/b/a Hunter Farms, Union, Jim Hunter, d/b/a Hunter Christmas Trees, Shelton, pro se.

HUNT, Judge.

Appellants Kerry Holm, Gordon Jacobson, and Vern Rutter, and defendant John Diehl, individually, and as members of the Mason County Community Development Council (collectively MCCDC), filed a petition with the Western Washington Growth Management Hearings Board (the Board), contending that Mason County's Interim Resource Ordinance (IRO) did not comply with Washington's Growth Management Act (GMA). The Board...

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