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HUMBERT/BIRCH CREEK CONSTRUCTION v. WALLA WALLA CTY.

No. 26081-0-III.

185 P.3d 660 (2008)

Joe HUMBERT/BIRCH CREEK CONSTRUCTION, Appellants, v. WALLA WALLA COUNTY, the local jurisdiction, Respondent, Del White, the owner of the subject property; Dawn T. Adams, Dixie E. Aichele, Gary L. Aichele, Dean Gerling, Kathleen S. Price Gerling, Richard Johnson, Gerald R. Kolke, Karen A. Kolke, Kathryn D. Lamb, Larry A. Lamb, Edward F. Martin, Ellen J. Martin, David Seidl, individuals who filed an appeal to the local jurisdiction regarding the land use decision at issue; Defendants.

Court of Appeals of Washington, Division 3.

June 19, 2008.

Attorney(s) appearing for the Case

Michael Edward De Grasse, Attorney at Law, Walla Walla, WA, for Appellants.

Jesse D. Nolte, Walla Walla County Prosecuting Attorney, Walla Walla, WA, for Defendants.

KORSMO, J.

¶ 1 The appellants, Joe Humbert and Birch Creek Construction, sought a conditional use permit from Walla Walla County to open and operate a rock quarry in a farm field near Highway 12. They agreed to various conditions proposed by the Department of Transportation (DOT) concerning the nearby intersection with the highway. The hearing examiner granted the permit conditioned on several requirements, including the agreed upon intersection improvements...

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