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J.L. STOREDAHL & SONS, INC. v. COWLITZ COUNTY

No. 30245-4-II.

103 P.3d 802 (2004)

J.L. STOREDAHL & SONS, INC., a Washington corporation, Appellant, v. COWLITZ COUNTY, a municipal corporation, Respondent, and Kenneth M. Conaway and Karen Conaway, husband and wife; Jerry L. Storedahl and Jeannie C. Storedahl, husband and wife, Additional Parties.

Court of Appeals of Washington, Division 2.

As Amended on Denial of Reconsideration and Publication Ordered December 21, 2004.

Attorney(s) appearing for the Case

John S. Karpinski, Attorney at Law, Vancouver, WA, Ronald S. Marshall, Attorney at Law, Kelso, WA, for Respondents.

Eric S. Merrifield, Perkins, Coie LLP, Seattle, WA, Alexander Weal Mackie, Perkins, Coie LLP, Olympia, WA, for Appellants.

HOUGHTON, J.

J.L. Storedahl & Sons, Inc. appeals from a superior court judgment affirming a Cowlitz County Board of County Commissioners (Board) land use decision. That decision required Storedahl to comply with conditions attached to the approval of a special use permit to operate a surface mine. Storedahl raises jurisdictional and evidentiary issues. We affirm.

FACTS

In February 2001, Storedahl applied for a special use permit to expand its...

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