PHOENIX DEVELOPMENT v. CITY OF WOODINVILLE

No. 62167-0-I.

229 P.3d 800 (2009)

154 Wash.App. 492

PHOENIX DEVELOPMENT, INC., a Washington corporation, and G&S Sundquist Third Family Limited Partnership, a Washington limited partnership, Motions, Appellants, v. CITY OF WOODINVILLE, a Washington municipal corporation, and Concerned Neighbors of Wellington, a Washington nonprofit corporation, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered February 22, 1010.


Attorney(s) appearing for the Case

George Richard Hill, McCullough Hill PS, Seattle, WA, John Maurice Groen, Groen Stephens & Klinge LLP, Bellevue, WA, for Appellants.

Greg Alan Rubstello, Michael Charles Walter, Keating Bucklin McCormack Inc. PS, Seattle, WA, Philip Albert Talmadge, Talmadge/Fitzpatrick, Tukwila, WA, for Respondent City of Woodinville.

J. Richard Aramburu, Jeffrey M. Eustis, Aramburu & Eustis LLP, Seattle, WA, for Respondent Concerned Neighbors of Wellington.

Timothy M. Harris, Building Industry Assoc. of Washington State, Olympia, WA, for Amicus Curiae Building Industry Association of Washington.


LEACH, J.

¶ 1 Phoenix Development, Inc., appeals decisions of the City of Woodinville denying site-specific rezone requests and subdivision applications for two properties. Because Phoenix's proposed rezones implement the Woodinville comprehensive plan and current zoning code and comply with the city code's general rezone criteria, we hold that the rezone denials were improper. We therefore reverse the city council's...

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