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

No. 73729-1.

87 P.3d 1176 (2004)

151 Wash.2d 279

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, Respondents, v. GLEN A. CLONINGER & ASSOCIATES, Petitioner, and The City of Spokane, a municipal corporation of the State of Washington, Defendant.

Supreme Court of Washington, En Banc.

April 15, 2004.

Attorney(s) appearing for the Case

Joseph Paul Delay, Delay, Curran, Thompson, Pontarolo & Walker, Michael Joseph Piccolo, Michael F. Connelly, City Attorney, Spokane, for Petitioner.

Stanley Martin Schwartz, Stacy A. Bjordahl, Frederick Joseph Dullanty, Witherspoon, Kelley, Davenport & Toole, P.S., Spokane, for Respondents.

OWENS, J.

The Spokane City Council (City Council) determined that the rezone application of developer Glen A. Cloninger Associates (Cloninger) could be processed prior to the drafting and enactment of a specific zoning ordinance called for in an immediately effective amendment of the Spokane City Comprehensive Plan. The superior court upheld the City Council's land use decision, but the Court of Appeals then reversed it, prompting Cloninger's petition for review....

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