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WESCOT CORP. v. CITY OF DES MOINES

No. 52032-6-I.

86 P.3d 230 (2004)

WESCOT CORPORATION, a Washington corporation, and Environmental Materials Transport, LLC, a Washington limited liability company, Appellants, v. CITY OF DES MOINES, a Washington municipal corporation, Respondent.

Court of Appeals of Washington, Division 1.

March 22, 2004.

Attorney(s) appearing for the Case

John E. Keegan, Craig W. Miller, Alice Le Truong, Davis Wright Tremaine, Seattle, WA, for Appellants.

Linda A. Marousek, City of Des Moines, Des Moines, WA, for Respondent.

BECKER, C.J.

The Land Use Petition Act provides that a decision by a local government granting or denying a request for permission to use a public park is not subject to judicial review. We reject appellant Wescot's argument that the statute refers only to minor park usages. When Wescot applied for permits to build a major commercial project on city park property without first obtaining the City's consent for such a use, the City's refusal to process the applications...

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