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ASSOC. OF RURAL RESIDENTS v. KITSAP COUNTY

No. 68027-2.

4 P.3d 115 (2000)

141 Wash.2d 185

ASSOCIATION OF RURAL RESIDENTS, a Washington non-profit corporation; and Norman H. Lockwood; Ruth Jaadan Pickrell; Moira Kane; Gerald Levengood; and Robert W. Merriam, Respondents, v. KITSAP COUNTY; Jim Lindsey; and Apple Tree Point Partners, Appellants.

Supreme Court of Washington, En Banc.

July 20, 2000.

Attorney(s) appearing for the Case

Phillips, McCullough, Wilson, Hill & Fikso, George Richard Hill, Seattle, Russell Hauge, Kitsap County Prosecutor, Evelyn Tanner, Deputy, Port Orchard, for Petitioners.

Bricklin & Gendler, David Alan Bricklin, Michael W. Gendler, Claudia M. Newman, Seattle, for Respondents.

Stephen Overstreet, Olympia, Amicus Curiae on behalf of Building Industry Association of Washington and Keith Birkenfeld.

Lawler & Burroughs, Brian Edward Lawler, Seattle, Amicus Curiae on behalf of Building Industry Association.

GUY, C.J.

Apple Tree Point Partners (Partners) asks this court to determine what land use regulations apply to the proposed development. We find that the former Kitsap County Zoning Ordinance applies because at the time in question the interim urban growth area (IUGA) had not been amended within the period of remand from the growth management hearings board (GMHB) and was therefore not in effect. As a result, land use permits were governed by preexisting zoning ordinances...

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