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SOMERS v. SNOHOMISH COUNTY

No. 41710-0-I.

21 P.3d 1165 (2001)

105 Wash.App. 937

David and Elaine SOMERS; Charles and June Brown; and Sandra Knox, Respondents, v. SNOHOMISH COUNTY and Philip Aronson, Appellants.

Court of Appeals of Washington, Division 1.

Reconsideration Denied June 5, 2001.

Attorney(s) appearing for the Case

Patrick Downs, Barbara J. Dykes, Snohomish Cnty PA's Offc, Everett, Dawn Linette Findlay, Bellevue, for Appellant Snohomish County.

Mark Whitcomb Stowe, Woodinville, for Appellant Philip Aronson.

Jennifer A. Dold, Bricklin & Gendler, Seattle, Thomas Ross Bjorgen, Bjorgen, Bauer, Olympia, for Respondents.

Jodi Claire Slavik, Bldg. Industry Assoc., Olympia, Amicus Curiae for Building Industry Assoc. of Washington.

COX, J.

The threshold issue in this appeal by Snohomish County and developer Philip Aronson is whether the trial court had subject matter jurisdiction under the Land Use Petition Act (LUPA) to review the County's decision to approve Aronson's proposed subdivision. Although the appeal of a decision approving a project permit application is generally the type of land use decision that would be subject to review by a superior court under LUPA, the present appeal is not...

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