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BENCHMARK LAND v. CITY OF BATTLE GROUND

No. 22254-0-II.

972 P.2d 944 (1999)

BENCHMARK LAND COMPANY, an Oregon Limited Liability Company, Respondent/Cross Appellant, v. CITY OF BATTLE GROUND, a municipal corporation of the State of Washington, Appellant/Cross Respondent.

Court of Appeals of Washington, Division 2.

March 12, 1999.

Attorney(s) appearing for the Case

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

Stephen Harold G. Overstreet, Gen. Counsel-Bldg. Indus. Ass'n of Wash., Olympia, John Maurice Groen, Groen & Stephens, Bellevue, for Amicus Curiae Building Industry of Washington.

William Dale Kamerrer, Law, Lyman, Daniel, Kamerrer, Olympia, Brian H. Wolfe, Vancouver, for Appellant.

Leanne Marie Bremer, Hornstein, Bremer, Ps, Vancouver, Ronald Alan Franz, Law Offices of Ronald A., Seattle, for Respondent.

ARMSTRONG, J.

Benchmark Land Company sought to develop a 20-acre subdivision in the City of Battle Ground. As a condition of plat approval, the City required Benchmark to make half-street improvements to a street adjoining the subdivision on one side, even though the subdivision did not directly access the street. Benchmark challenged the condition with a land use petition under RCW 36.70C (LUPA) and also sought damages from...

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