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CITY OF GIG HARBOR v. NORTH PACIFIC DESIGN, INC.

No. 36811-1-II.

201 P.3d 1096 (2009)

The CITY OF GIG HARBOR, a Washington municipal corporation, Appellant, v. NORTH PACIFIC DESIGN, INC., Thair Jorgenson and David Fisher; Gordon Rush and Hunt Skansie Land, LLC; and John Schuller, Respondent, Bennett Development Inc., Intervenor.

Court of Appeals of Washington, Division 2.

March 3, 2009.

Attorney(s) appearing for the Case

Carol Ann Morris, Law Office of Carol A. Morris, PC, Seabeck, WA, for Appellant.

Alexander Weal Mackie, Eric S. Merrifield, Perkins Coie, LLP, Seattle, WA, for Respondent.

Sean Kenneth Howe, Cairncross & Hempelmann, Seattle, WA, for Intervenor.

HUNT, J.

¶ 1 The City of Gig Harbor appeals the City Hearing Examiner's decision to approve North Pacific Design, Inc.'s application for a conditional use permit ("CUP") allowing a density of 11.75 units per acre for a proposed residential development. The City argues that North Pacific cannot use a Planned Residential Development ("PRD") to build at this density because it conflicts with the requirements of the underlying Residential Business — 2 ("RB...

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