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FEIL v. E. WASH. GROWTH MGMT. HEARINGS BD.

No. 28248-1-III.

220 P.3d 1248 (2009)

153 Wash.App. 394

Jack FEIL and Delaphine Feil, husband and wife; John Tontz and Wanda Tontz, husband and wife; and The Right to Farm Association Of Baker Flats, Appellants, v. The EASTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD; Douglas County; Washington State Department of Transportation; Washington State Parks and Recreation Commission; and Public Utility District No. 1 of Chelan County, Respondents. Jack Feil and Delaphine Feil, husband and wife; John Tontz and Wanda Tontz, husband and wife; and The Right to Farm Association of Baker Flats, Appellants, v. Douglas County; Douglas County Board of County Commissioners; Washington State Department of Transportation; Washington State Parks and Recreation Commission; and Public Utility District No. 1 of Chelan County, Respondents.

Court of Appeals of Washington, Division 3, Panel Four.

Reconsideration Denied February 19, 2010.

Attorney(s) appearing for the Case

Robert Clayton Rowley, James J. Klauser, Rowley & Kauser LLP, Seattle, WA, for Appellants.

Stephen Raymond Klasinski, Jerald R. Anderson, Attorney at Law, Matthew Kernutt, WA State Attorney General's Office, Olympia, WA, Martha Patricia Lantz, City of Tacoma Office of the City Attorney, James R. Schwartz, Attorney General's Office, Tacoma, WA, Steven Michael Clem, Douglas County Prosecuting Attorney, Waterville, WA, Carol A. Wardell, Chelan County Public Utility District, Wenatchee, WA, for Respondents.

PUBLISHED OPINION

SWEENEY, J.

¶ 1 This is a land use case. Douglas County approved something called a recreational overlay district to accommodate an extension of a bicycle/pedestrian trail. The recreational district will "overlay" and border agricultural land used for orchards. Area orchardists objected to the overlay district and raised a number of legal and factual challenges to the county commissioners' decision to approve the overlay. We conclude...

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