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WHATCOM COUNTY FIRE DIST. v. COUNTY

No. 61431-2-I.

215 P.3d 956 (2009)

WHATCOM COUNTY FIRE DISTRICT NO. 21, Respondent, v. WHATCOM COUNTY, a municipal corporation, Defendant, Birch Point Village, LLC, a Washington corporation; Schmidt Constructing, Inc., a Washington corporation; Bright Haven Builders, LLC, a Washington corporation; Mayflower Equities, Inc.; Lisa Schenk and Mike Sumner, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered August 13, 2009.

Attorney(s) appearing for the Case

Philip J. Buri, Buri Funston Mumford PLLC, Bellingham, WA, for Appellant.

Jonathan K. Sitkin, Chmelik Sitkin & Davis PS, Bellingham, WA, Philip A. Talmadge, Talmadge/Fitzpatrick, Tukwila, WA, for Respondent.

APPELWICK, J.

¶ 1 The Growth Management Act, chapter 36.70A RCW, vests counties with the primary authority to plan future development, including concurrency planning with providers of public services. Because the Whatcom County Comprehensive Plan establishes the standards for service and finds that the fire district has the capacity to meet that standard, the fire district is foreclosed from evaluating concurrency with new development on a project-by-project...

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