ASCHE v. BLOOMQUIST

No. 32942-5-II.

133 P.3d 475 (2006)

132 Wash.App. 784

Richard and Helen ASCHE, individually and as a marital community, Appellants, v. Melany BLOOMQUIST, and Steven Chobot, individually and as a marital community; Kitsap County, a political subdivision of the State of Washington; and Cindy Baker in her official capacity as Director of Kitsap County Department of Community Development, Respondents.

Court of Appeals of Washington, Division 2.

As Amended April 4, 2006.

Publication Ordered May 2, 2006.


Attorney(s) appearing for the Case

Jennifer Anne Irvine Forbes, McGavick Graves PS, Tacoma, WA, Charles Kenneth Wiggins, Wiggins & Masters PLLC, Bainbridge Island, WA, for Respondents.

David P. Horton, Law Office of David P. Horton Inc. PS, Silverdale, WA, for Appellants.


BRIDGEWATER, J.

¶ 1 Richard and Helen Asche appeal the dismissal of their nuisance and mandamus actions for failure to state a claim. But at oral argument, the Asches confirmed they have abandoned their mandamus claim. We hold that their failure to file a land use petition within 21 days of the issuance of the building permit as required by RCW 36.70C.040 is determinative. Thus, their claims for nuisance, either public or private,

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