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LATHROP v. EFSEC

No. 23454-1-III.

121 P.3d 774 (2005)

F. Steven LATHROP, Appellant, v. STATE ENERGY FACILITY SITE EVALUATION COUNCIL (EFSEC), Respondent.

Court of Appeals of Washington, Division 3, Panel Three.

October 27, 2005.

Attorney(s) appearing for the Case

Jeffrey David Slothower, Attorney at Law, Ellensburg, WA, for Appellant.

Ann Christine Essko, Office of the Attorney General, Olympia, WA, for Respondent.

Erin Lisa Anderson, Cone Gilreath Law offices, Ellensburg, WA, Amicus Curiae on behalf of Sagebrush Powers Partners., LLC.

BROWN, J.

¶ 1 F. Steven Lathrop appeals the Kittitas County Superior Court's dismissal of his petition for stay and review of State Energy Facility Site Evaluation Council (EFSEC) proceedings alleged inconsistent with the local land use plans. He contends the court erred in deciding it lacked subject matter jurisdiction under RCW 80.50.140 and in denying reconsideration. The unique statutory framework involves an expedited administrative process leading to EFSEC...

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