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LAKESIDE INDUSTRIES v. THURSTON COUNTY

No. 29188-6-II.

83 P.3d 433 (2004)

119 Wash.App. 886

LAKESIDE INDUSTRIES, a joint venture of Red Samm Mining Co., Inc., a Washington corporation, and Black River Sand & Gravel, Inc., a Washington corporation; Nielsen Pacific Ltd., a Washington corporation; and Holroyd Company, Inc., a Washington corporation, Respondents/Cross-Appellants, v. THURSTON COUNTY, a municipal corporation; Friends Of Nisqually, a Washington non-profit corporation; and The Nisqually Indian Tribe, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 2.

As Amended February 24, 2004.

Attorney(s) appearing for the Case

Elizabeth Petrich, Attorney at Law, Barnett N. Kalikow, Kalikow & Gusa PLLC, Olympia, WA, Bill Tobin, Attorney at Law, Vashon, WA, for Appellants.

Alexander Weal Mackie, Perkins Coie LLP, Olympia, WA, John William Hempelmann, Cairncross & Hempelmann PS, Seattle, WA, for Respondents.

ARMSTRONG, J.

Lakeside Industries applied for a special use permit to construct an asphalt manufacturing and recycling plant in the Nisqually Valley. Although the County opposed the project, it issued Lakeside a mitigated determination of non-significance under the State Environmental Policy Act (SEPA). Finding that the project met the specific conditions of the county code, a hearing examiner approved the permit. But the...

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