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MOORE v. WHITMAN COUNTY

No. 69053-7.

18 P.3d 566 (2001)

143 Wash.2d 96

Victor and Roberta MOORE, Respondents, v. WHITMAN COUNTY, Appellant.

Supreme Court of Washington, En Banc.

Decided February 22, 2001.

Attorney(s) appearing for the Case

Christine Gregoire, Atty. Gen., Alan D. Copsey, Asst., Olympia, Amicus Curiae on behalf of State of Wash.

James H. Kaufman, Whitman County Prosecutor, Ronald Shirley, Deputy, Colfax, and Dawn Reynolds, Pullman, for appellant.

Christine Gregoire, Atty. Gen., Marjorie Smitch, Asst., Olympia, for respondent.

SANDERS, J.

The plain and unambiguous language of RCW 36.70A.250 limits the jurisdiction of the Eastern Washington Growth Management Hearings Board (Board) to counties located east of the Cascade Mountains "that are required to or choose to plan under RCW 36.70A.040." Whitman County is neither required nor has chosen to plan under the Growth Management Act (GMA). Therefore the determinative question in this appeal is whether the Board has jurisdiction over Whitman...

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