KIM v. POLLUTION CONTROL HEARING BD.

No. 27804-9-II.

61 P.3d 1211 (2003)

115 Wash.App. 157

Joo Il and Keum Ja KIM, Appellants, v. POLLUTION CONTROL HEARING BOARD, et al, Respondents.

Court of Appeals of Washington, Division 2.

January 24, 2003.


Attorney(s) appearing for the Case

James Charles Tracy, Poulsbo, WA, for Appellants.

Thomas J. Young, Attorney General's Office, Ecology Division, Olympia, WA, for Respondents.


MORGAN, J.

Joo Il Kim and Keum Ja Kim appeal a ruling that they must have a permit to use well water for their commercial nursery. Based on RCW 90.44.050, we reverse.

Since 1990, the Kims have owned real property on N.W. Central Valley Road in Poulsbo. The property is the site of their home and their business, a commercial nursery called Central Valley Greenhouse. The nursery's components are a greenhouse, a display area of less than a half acre, and parking...

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