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FPN v. CITY OF MERCER ISLAND

No. 44847-1-I.

11 P.3d 322 (2000)

102 Wash.App. 775

FABEN POINT NEIGHBORS; W. Hunter Simpson and Craig E. Tall, Respondents, v. CITY OF MERCER ISLAND, Pacific Properties, Inc., a Washington corporation; and Samis Foundation, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered September 29, 2000.

Attorney(s) appearing for the Case

George Kresovich, Brian Todd, Hillis, Clark, Martin & Peterson, Seattle, for Appellants.

Glenn Amster, Lane Powell Spears Lubersky, John Boespflug, Seattle, for Respondents.

ELLINGTON, J.

This case presents a single issue of statutory construction. The Mercer Island City Council approved a subdivision on the basis that certain of the City's zoning code requirements had been superseded by the City's interim critical areas regulations, which control in the event of inconsistency. Because there is no inconsistency, and the subdivision does not satisfy the zoning code requirements, we affirm the superior court's reversal of the City's action...

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