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BIGGERS v. CITY OF BAINBRIDGE ISLAND

No. 30752-9-II.

103 P.3d 244 (2004)

Ray and Julie BIGGERS, husband and wife; Andy Mueller d/b/a Mueller Construction and Andy Mueller, individually; Craig and Sandy Powell, d/b/a Sealevel Bulkhead Builders; and Home Builders Association of Kitsap County, Respondents, v. CITY OF BAINBRIDGE ISLAND, Appellant.

Court of Appeals of Washington, Division 2.

December 21, 2004.

Attorney(s) appearing for the Case

Dawn Linette Findlay, Inslee Best Doezie & Ryder PS, Bellevue, WA, Stephanie Ellen Croll, Keating Bucklin & McCormack Inc PS, Seattle, WA, for Appellant.

Traci Lyn Shallbetter, Dennis Dean Reynolds, Davis Wright Tremaine LLP, Seattle, WA, for Respondents.

HOUGHTON, P.J.

The City of Bainbridge Island (City) appeals from a trial court order lifting its moratorium on certain shoreline development. We affirm.

FACTS

Forty-five miles of waterfront surround the City. Numerous homes and businesses sit along its shoreline and the area teems with wildlife.

In 1996, acting under the Shoreline Management Act of 1971 (SMA), the City adopted its Shoreline Management Master Program (SMP). At that time, City...

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