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CASWELL v. PIERCE COUNTY

No. 41882-3-I.

992 P.2d 534 (2000)

99 Wash.App. 194

Martin CASWELL and Barbara Caswell, husband and wife, Respondents, v. PIERCE COUNTY and Fir Grove Partnership, Appellants.

Court of Appeals of Washington, Division 1.

January 31, 2000.

Attorney(s) appearing for the Case

Jill Guernsey, Pierce County Prosecutors Office, Tacoma, Eileen M. McKain, Pierce County Deputy Prosecuting Atty, Port Orchard, William T. Lynn, Margaret Y. Archer, Gordon Thomas Honeywell Etal, Tacoma, for Appellant(s).

Michael W. Gendle, Bricklin & Gendler, Seattle, for Respondent(s).

GROSSE, J.

The validity of a county's Interim Urban Growth Area (IUGA) ordinance is an issue subject to review by a growth management hearings board and cannot be challenged in superior court under the Land Use Petition Act (LUPA). As a result, where, as here, a county approves a development outside its urban growth boundary that may be considered urban in nature, but the county's action is in accordance with its IUGA ordinance, a petitioner may not challenge the...

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