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KAILIN v. CLALLAM COUNTY

No. 63901-3-I.

220 P.3d 222 (2009)

Eloise KAILIN and The Harvey Kailin Trust, Eloise Kailin, Trustee, Respondents, v. CLALLAM COUNTY and State of Washington Department of Ecology, Appellants.

Court of Appeals of Washington, Division 1.

November 9, 2009.

Attorney(s) appearing for the Case

Craig Andrew Ritchie, Ritchie Law Firm PS, Port Angeles, WA, for Respondents.

Douglas Emry Jensen, Clallam Co. Prosecuting Attorney — Civil, Port Angeles, WA, Laura J. Watson, Attorney General's Office, Olympia, WA, for Appellants.

COX, J.

¶ 1 The sole issue in this case is whether the shorelines hearings board has subject matter jurisdiction to review conditions to a substantial development permit where those conditions arise from Clallam County's critical areas ordinance. Because the critical areas ordinance is not a part of the County's shoreline master program, the shorelines hearings board lacks jurisdiction to consider issues regarding that ordinance. We reverse the superior court...

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