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OVERHULSE NEIGHBORHOOD v. THURSTON CTY.

No. 23230-8-II.

972 P.2d 470 (1999)

OVERHULSE NEIGHBORHOOD ASSOCIATION, a non-profit corporation; Ron and Cynthia Majors, Kurt Garrison and Patricia Baxer, Michael and Lori Chiechi, and Frank Groundwater, Janet Bent, Appellants, v. THURSTON COUNTY, a municipal corporation; Corporation of the Catholic Archdiocese Of Seattle; and St. Michael Parish, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered March 5, 1999.

Attorney(s) appearing for the Case

Allen T. Miller, Connolly Holm Tacon & Meserve, Elizabeth Petrich, Thurston County Deputy Prosecuting Attorney, Olympia, For Respondents.

Eitan Kassel Yanich, Elie Halpern & Associates, Olympia, for Appellants.

ARMSTRONG, J.

Overhulse Neighborhood Association appeals the dismissal of its land use petition. Overhulse failed to timely serve the Thurston County Auditor as required by the Land Use Petition Act (LUPA), RCW 36.70C. Instead, Overhulse incorrectly served the Thurston County Board of Commissioners. Finding it lacked jurisdiction to hear the petition, the superior court granted Thurston County's motion to dismiss. Overhulse argues on appeal: (1) the superior court...

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