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CINGULAR WIRELESS, LLC v. THURSTON COUNTY

No. 32967-1-II.

129 P.3d 300 (2006)

131 Wash.App. 756

CINGULAR WIRELESS, LLC, a Delaware limited liability company, Appellant, v. THURSTON COUNTY, a Washington municipal corporation, Respondent, North Olympia Fire Department, a property owner, and Kendall Keating, an individual, Defendants.

Court of Appeals of Washington, Division 2.

As Amended on Reconsideration May 23, 2006.

Attorney(s) appearing for the Case

William Dale Kamerrer, Law Lyman Daniel Kamerrer et al, Olympia, WA, Jeffrey George Fancher, Attorney at Law, Olympia, WA, for Respondent.

Amit D. Ranade, Paul J. Lawrence, Preston Gates & Ellis LLP, Seattle, WA, for Appellant.

HOUGHTON, P.J.

¶ 1 Cingular Wireless, LLC sought a special use permit to erect a cell phone tower in a rural residential area. A hearing examiner denied the permit and the Board of County Commissioners, with some modifications, affirmed the hearing examiner. Cingular appealed to the superior court under the Land Use Petition Act (LUPA), chapter 36.70C RCW, and the court denied the petition.

¶ 2 Cingular appeals, arguing that (1) the hearing examiner...

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