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FIRST PIONEER TRADING CO. v. PIERCE COUNTY

No. 31291-3-II.

191 P.3d 928 (2008)

FIRST PIONEER TRADING COMPANY, INC., a Washington corporation; Michael Carlman and Barbara Carlman, husband and wife, Appellants, v. PIERCE COUNTY, a subdivision of the state of Washington, Respondent.

Court of Appeals of Washington, Division 2.

September 3, 2008.

Attorney(s) appearing for the Case

James W. Feltus, McGavick Graves PS, Loren Dee Combs, VSI Law Group PLLC, Tacoma, WA, for Appellants.

Jill Guernsey, Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.

HUNT, J.

¶ 1 First Pioneer Trading Company, Inc. appeals the trial court's affirmance of the Pierce County hearing examiner's land use decision denying First Pioneer's claim of a legal, nonconforming use of its property. First Pioneer argues that (1) the hearing examiner erred by finding that it failed to meet its burden of proof that the legal nonconforming use existed, and (2) the hearing examiner improperly applied the burden-shifting framework. We disagree...

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