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MILLER v. CITY OF BAINBRIDGE ISLAND

No. 26367-0-II.

43 P.3d 1250 (2002)

111 Wash.App. 152

Earl L. MILLER and Linda Miller, Respondents, v. CITY OF BAINBRIDGE ISLAND and Eagle Harbor Alliance, Appellants.

Court of Appeals of Washington, Division 2.

April 12, 2002.

Attorney(s) appearing for the Case

Rosemary Larsen, Rod Kaseguma, Bellevue, Carol Ann Morris, Bainbridge Island, David A. Bricklin, Seattle, for Appellants.

Margaret Archer, William T. Lynn, Tacoma, for Respondents.

QUINN-BRINTNALL, A.C.J.

Business owners Earl and Linda Miller sought a permit to rebuild their business and pier after fire destroyed the structures. The property was zoned residential, but Miller claimed that the property enjoyed a legal nonconforming use at the time of the fire. The City of Bainbridge Island denied the permit, claiming the original nonconforming use (concrete casting and supply) had lapsed. The Millers and Eagle Harbor Alliance (EHA) appealed, and...

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