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KAHUNA LAND CO. v. SPOKANE COUNTY

No. 17114-1-III.

974 P.2d 1249 (1999)

THE KAHUNA LAND COMPANY, a Washington corporation, Appellant, v. SPOKANE COUNTY, a Washington municipal corporation and political subdivision of the State of Washington, Respondent.

Court of Appeals of Washington, Division 3.

Publication Ordered March 23, 1999.

Attorney(s) appearing for the Case

Stanley R. Schultz, Witherspoon, Kelley, Davenport & Toole, Spokane, WA, Kelly A. Nolen, Gonzaga U School of Law, Spokane, WA, for Appellant.

Robert B. Binger, Deputy Prosecuting Attorney (CIVIL), Spokane, WA, for Respondent.

KURTZ, J.

The Spokane County Hearing Examiner Committee approved Kahuna Land Company's application for a preliminary subdivision subject to certain conditions. The Board of County Commissioners affirmed the Committee's conditions. Kahuna appeals the conditions requiring it to build a road and connect the sewer through the adjoining land owned by the federal government. It contends these conditions are arbitrary, capricious, clearly erroneous and beyond the Board's...

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