JEFFERSON COUNTY v. LAKESIDE INDUSTRIES

No. 25760-2-II.

23 P.3d 542 (2001)

106 Wash.App. 380

JEFFERSON COUNTY, a political subdivision of the State of Washington, Respondent, v. LAKESIDE INDUSTRIES, ABC Corp. t/a Lakeside Industries, John Doe t/a Lakeside Industries; John Does 1-10 t/a Lakes Industries, a partnership or other form of business entity or unity, Appellants.

Court of Appeals of Washington, Division 2.

May 25, 2001.


Attorney(s) appearing for the Case

Alan Lea Wallace, Geri Ann Simeon Baptista, Nancy Bainbridge Rogers, Cairncross & Hempelmann, Seattle, for Appellants.

David W. Alvarez, Port Townsend, for Respondent.

Brenda S. Molner, Stephen J. Kennedy, Ater Wynne Hewitt Dodson Skerritt, Seattle, for Respondent Intervenor.


ARMSTRONG, C.J.

Jefferson County adopted its first land use code in 1989. The trial court ruled that the code was illegal, but we held that the code was not illegal, simply unenforceable because it was incomplete—the code referred to maps that were never adopted. Instead of completing the 1989 code, the County adopted a new land use code in 1994.

Lakeside Industries, Inc. began batching asphalt at its gravel pit in 1990. The 1989 code would have required...

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