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BERST v. SNOHOMISH COUNTY

No. 49545-3-I.

57 P.3d 273 (2002)

114 Wash.App. 245

William BERST and Dianne Berst, husband and wife and their marital community, Appellants, v. SNOHOMISH COUNTY, a Washington municipal corporation, Respondent.

Court of Appeals of Washington, Division 1.

November 4, 2002.

Attorney(s) appearing for the Case

Jane Koler, Kirkland, WA, for Appellant.

Shawn Aronow, Everett, WA, for Respondent.

COX, A.C.J.

Challenges to land use decisions are generally governed by the Land Use Petition Act (LUPA), chapter 36.70C RCW, not the Declaratory Judgment Act.1 But LUPA does not apply to decisions that are not land use decisions. Because the imposition of a moratorium under the Forest Practices Act (FPA) is not a land use decision, we reverse and remand.2

The...

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