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WESTWAY CONST., INC. v. BENTON COUNTY

No. 23721-4-III.

151 P.3d 1005 (2006)

WESTWAY CONSTRUCTION, INC., and Billy Phelps, Appellants, v. BENTON COUNTY and Terry Mardens and Jane Doe Mardens, and their marital community, and Michael Shuttleworth and Jane Doe Shuttleworth, and their marital community, Respondents.

Court of Appeals of Washington, Division 3.

Publication Ordered February 6, 2007.

Attorney(s) appearing for the Case

Joanne G. Comins Rick, Halstead & Comins Rick PS, Prosser, WA, for Appellants.

Mark Robert Johnsen, Attorney at Law, Seattle, WA, for Respondents.

KATO, J.

¶ 1 Westway Construction, Inc. (Westway), applied for and received a special use permit from Benton County to mine and crush rock on Billy Phelps's property. The permit prohibited mining or crushing from March 1 through August 15 because of the existence of a ferruginous hawk nest. Westway and Mr. Phelps sued Benton County for damages under chapter 64.40 RCW, as well as tort and due process claims. Benton County's motion for summary judgment was granted...

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