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LEWIS COUNTY v. WESTERN WA. GROWTH MANAGEMENT HEARINGS BD.

No. 76553-7.

139 P.3d 1096 (2006)

LEWIS COUNTY, Appellant, v. WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD, Eugene Butler, Edward G. Smethers, Douglas H. Hayden, Annette H. Yanisch, Brenda Boardman, Dorothy L. Smith, Debra Ertel Burris, Michael T. Vinatieri, Deanna M. Zieske, Vince Panesko, John T. Mudge, Evaline Community Association, Susan Roth, Richard Roth, Karen Knutsen, and Valerie Gore, Respondents.

Supreme Court of Washington, En Banc.

Decided August 10, 2006.

Attorney(s) appearing for the Case

Alexander Weal Mackie, Perkins Coie LLP, Olympia, Douglas Emry Jensen, Lewis County Prosecutor's Office, Chehalis, for Petitioner/Appellant.

Lewis Handfield Zieske, Deanna Zieske, Chehalis, for Appellee/Respondents.

Timothy E. Allen, Law Offices of Gulliford, McGaughey & Du, Bellevue, Tim Trohimovich, Futurewise, Seattle, for Amicus Curiae, Futurewise.

Maureen A. Hart, Olympia, Alan D. Copsey, Attorney General's Office, Olympia, for Amicus Curiae, State of Washington Attorney General.

ALEXANDER, C.J.

¶ 1 After failing four times to satisfy the Western Washington Growth Management Hearings Board (Board) that it properly designated agricultural lands for conservation under the Growth Management Act (GMA), chapter 36.70A RCW, Lewis County now asks us to reverse the latest Board orders rebuffing its efforts. We conclude that the Board incorrectly defined agricultural land in reviewing Lewis County's 2003 ordinances. Accordingly, we reverse the...

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