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KELLY v. COUNTY OF CHELAN

No. 25378-3-III.

185 P.3d 1224 (2008)

Jeff KELLY, in his individual capacity, and David Dorsey and Nancy Dorsey, a marital community, Respondents, v. COUNTY OF CHELAN, a municipal corporation acting through its hearing examiner, Defendant, Robert Culp, P.E., Manson Engineers, Inc., and Anton Roeckl, d/b/a Wico, Appellants.

Court of Appeals of Washington, Division 3.

June 19, 2008.

Attorney(s) appearing for the Case

Chancey C. Crowell, Attorney at Law, Wenatchee, WA, for Appellant.

Brian Edward Lawler, Lawler Burroughs & Baker PC, Seattle, WA, for Respondent.

SCHULTHEIS, C.J.

¶ 1 A developer filed an application for a conditional use permit in 1989, but supplemented and revised its plans for the project on numerous occasions. In 2005, a hearing examiner found that the application vested to the regulations in effect in 1994 and approved the application. Neighbors who opposed the project won their appeal to the superior court under the Land Use Petition Act (LUPA), chapter 36.70C RCW. The developer now appeals. The...

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