KITSAP ALLIANCE v. CENTRAL PUGET BD.

Nos. 38017-0-II, 38087-1-II.

217 P.3d 365 (2009)

KITSAP ALLIANCE OF PROPERTY OWNERS, William Palmer and Ron Ross, Appellants, v. CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD, Futurewise, Hood Canal Environmental Council, Kitsap Citizens for Responsible Planning, Kitsap County, Judith Krigsman, Jim Trainer, West Sound Conservation Council, Respondents.

Court of Appeals of Washington, Division 2.

September 9, 2009.


Attorney(s) appearing for the Case

Brian Trevor Hodges, Pacific Legal Foundation, Bellevue, WA, for Appellants.

Martha Patricia Lantz, City of Tacoma Office of the City Attorney, Tacoma, WA, Lisa J. Nickel, Kitsap County Prosecuting Attorney's Office, Port Orchard, WA, Tim Trohimovich, Futurewise, Robert A. Beattey, Attorney at Law, Seattle, WA, for Respondents.


KORSMO, J.

¶ 1 This action presents an issue our Supreme Court has not yet authoritatively resolved concerning the interaction of the Growth Management Act and the Shoreline Management Act on "critical areas" within "shoreland" regions. While there is no majority of the court for a specific analytic approach to the issue, the outcome of Futurewise v. Western Washington Growth Management Hearings Board,

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