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CITY OF UNIVERSITY PLACE v. McGUIRE

No. 70356-6.

30 P.3d 453 (2001)

144 Wash.2d 640

CITY OF UNIVERSITY PLACE, a municipal corporation, organized under the laws of the State of Washington, Respondent, v. Brian P. McGUIRE, a single man, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 6, 2001.

Attorney(s) appearing for the Case

Gordon, Thomas, Honeywell, William Theodore Lynn, Margaret Yvonne Archer, Tacoma, for Petitioner.

Timothy X. Sullivan, University Place, Keating, Bucklin, McCormack, Michael Charles Walter, Seattle, for Respondent.

CHAMBERS, J.

Developer Brian McGuire seeks to grade a 1.4-acre knoll as fill for a nearby development. The City of University Place has refused permission. McGuire argues he has a valid nonconforming use right to mine the knoll, as it is historically part of a site owned and operated by his predecessor in interest. University Place argues that the nonconforming use either never accrued to the knoll or, in the alternative,...

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