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PINECREST HOMEOWNERS ASS'N v. GLEN A. CLONINGER ASS'N

No. 20916-4-III.

62 P.3d 938 (2003)

PINECREST HOMEOWNERS ASSOCIATION, Rockwood Neighborhood Council and its President Pam Behring, Josh Burrows, an individual, John and Diane Scelfo, a marital community, Tighe and Marybeth Smith, a marital community, Dale and Carol Ruemping, a marital community, Brian and Tanya Rekofke, a marital community, Steve and Marty Schmauch, a marital community, Andrew Boulet, an individual, Barbara McGann, an individual, and Del and Maggie Schueneman, a marital community, Appellants, v. GLEN A. CLONINGER ASSOCIATES, and the City of Spokane, a municipal corporation of the State of Washington, Respondents.

Court of Appeals of Washington, Division 3, Panel Four.

February 13, 2003.

Attorney(s) appearing for the Case

Frederick J. Dullanty, Stanley M. Schwartz, Witherspoon, Kelley, Davenport & Toole, Spokane, WA, for Appellants.

Joseph P. Delay, Delay, Curran, Thompson, Pontarolo & Walker, Michael J. Piccolo, Office of City Attorney, Spokane, WA, for Respondents.

SWEENEY, J.

This land use case presents two issues, one procedural and one substantive. The procedural question is whether the case has been rendered moot because a building permit has been issued for a challenged project, construction is proceeding, and the homeowners have not superseded or tried to enjoin development. We conclude that the homeowners are not required to either enjoin or supersede an adverse zoning decision to proceed with this appeal. The substantive...

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