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WEYERHAEUSER v. PIERCE COUNTY

No. 21844-5-II.

976 P.2d 1279 (1999)

William and Gail WEYERHAEUSER, Respondents, v. PIERCE COUNTY, a political subdivision of the State of Washington, Respondent, v. Land Recovery, Inc., a Washington Corporation; Resource Investments, Inc., a Washington Corporation, and Norman Lemay, an individual, Appellants.

Court of Appeals of Washington, Division 2.

May 28, 1999.

Attorney(s) appearing for the Case

Noel J. Nightingale, Heller, Ehrman, White & McAuliffe, Daniel David Syrdal, Heller, Ehrman, White & McAuliffe, Seattle, for Appellants.

Melissa Kay Bryan, William Theodore Lynn, Gordon Thompson, Honeywell, Etal, Tacoma, Thomas Ross Bjorgen, Meeks, Morgan, Bauer, Olympia, for Respondents.

Clifford David Allo, Tacoma-Pierce County Health Dept., Tacoma, Other Party.

HOUGHTON, J.

Land Recovery, Inc. (LRI) seeks review of the superior court's ruling upholding a hearing examiner decision issuing LRI a conditional use permit to construct a landfill with certain conditions. LRI argues that the hearing examiner erroneously determined that LRI's application for the permit would be subject to county wetland regulations enacted after submission of its application. We hold that the "vested rights...

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