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STEVENS COUNTY v. FUTUREWISE

No. 26038-1-III.

192 P.3d 1 (2008)

STEVENS COUNTY, Appellant, v. FUTUREWISE, Respondent.

Court of Appeals of Washington, Division 3.

Publication Ordered September 4, 2008.

Attorney(s) appearing for the Case

Peter Guillum Scott, Gough, Shanahan, Johnson & Waterman, Helena, MT, for Appellant.

Keith Patrick Scully, Gendler & Mann LLP, Michael David Pierson, Riddell Williams PS, Brock Howell, Seattle, WA, for Respondent.

Brian T. Hodges, Bellevue, Amicus curiae.

KULIK, A.C.J.

¶ 1 Stevens County Code (SCC) 13.10.034(3)(C) establishes protections for "critical habitat," defined as "only those areas designated by a state or federal agency through a formal statutory or rule-making process for endangered, threatened, or sensitive species." Futurewise, a citizens' group, filed a petition with the Eastern Washington Growth Management Hearings Board (Board) claiming that the above code section violates the Growth Management...

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