SKAMANIA COUNTY v. WOODALL

No. 25204-0-II.

16 P.3d 701 (2001)

104 Wash.App. 525

SKAMANIA COUNTY, Appellant, v. Chris WOODALL, Respondent, and Columbia River Gorge Commission, Intervenor-Respondent.

Court of Appeals of Washington, Division 2.

January 26, 2001.


Attorney(s) appearing for the Case

Bradley W. Andersen, Skamania County Pros. Office, Stevenson, for Appellant.

Jonathon Aurel Gurish, Asst. Atty. Gen., Olympia, Gary Keith Kahn, Reeves, Kahn & Eder, Portland, OR, for Respondents.


HOUGHTON, J.

The Skamania County Board of Adjustment ruled that Washington law requires a person seeking to prove a land occupier has discontinued a nonconforming use to prove that the land occupier intended to discontinue that use. On appeal, the Columbia River Gorge Commission ignored Washington law and ruled that the term "discontinued" did not contain an intent element. The superior court affirmed the Commission, and Skamania...

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