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CLARK COUNTY v. WESTERN WASHINGTON GROWTH

No. 85989-2.

298 P.3d 704 (2013)

177 Wn.2d 136

CLARK COUNTY Washington, City of LA Center, GM Camas, LLC, Petitioners, MacDonald Living Trust and Renaissance Homes, Respondents, and Birchwood Farms, LLC, Respondent-Intervenor, v. WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS REVIEW BOARD, John Karpinski, Clark County Natural Resources Council, and Futurewise, Respondents.

Supreme Court of Washington, En Banc.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Christine M. Cook , Clark Co. Prose. Attny. Office, Civil Div., Vancouver, WA, Daniel H. Kearns , Reeve Kearns PC, Portland, OR, Rogelio Omar Riojas , DLA Piper LLP, Seattle, WA, John D. Spurling , Betty M. Shumener , Henry H. Oh , Shumener, Odson & Oh, LLP, Los Angeles, CA, for Petitioners.

Marc Worthy , Office of the Attorney General, Tim Trohimovich , Futurewise, Seattle, WA, Robert A. Beattey , Spencer Law Firm, LLC, Tacoma, WA, James Denver Howsley , Jordan Ramis, PC, Randall Bryan Printz , Brian K. Gerst , Michael C. Simon , Landerholm, P.S., Vancouver, WA, for Respondents.

Le Anne Marie Bremer , Miller Nash LLP, Vancouver, WA, for Respondent-Intervenor.

Julie Sund Nichols , Law Offices of Stephen Whitehouse, Shelton, WA, amicus counsel for Building Industry of Washington.

Kathleen J. Haggard , Porter Foster Rorick LLP, Seattle, WA, amicus counsel for Washington State Association.

Roger Dyer Knapp , Attorney at Law, Camas, WA, amicus counsel for City of Camas.

James Denver Howsley , Jordan Ramis, PC, Vancouver, WA, amicus counsel for Johnston Dairy, LLC.

James Denver Howsley , Jordan Ramis, PC, Vancouver, WA, amicus counsel for William Kennedy and Art Kennedy.

Christopher R. Sundstrom , Spencer Sundstrom PLLC, Vancouver, WA, for Other Parties.

GONZÁLEZ, J.

¶ 1 This case presents a straightforward issue of appellate procedure. The question is whether the Court of Appeals erred by reviewing separate and distinct claims that had been resolved below and were not raised on appeal. The parties were not challenging the disposition of those claims, and thus, the claims had been finally adjudicated. The Court of Appeals nevertheless addressed the abandoned claims...

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