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KELLY v. COUNTY OF CHELAN

No. 81855-0.

224 P.3d 769 (2010)

Jeff KELLY, in his individual capacity, and David Dorsey and Nancy Dorsey, a marital community, Respondents, v. COUNTY OF CHELAN, a municipal corporation acting through its hearing examiner; and Robert Culp, P.E.; Munson Engineers, Inc.; and Anton Roeckl, d/b/a/ WICO, Petitioners.

Supreme Court of Washington, En Banc.

January 7, 2010.

Attorney(s) appearing for the Case

Chancey C. Crowell, Wenatchee, WA, for Petitioners.

Brian Edward Lawler, Socius Law Group, PLLC, Seattle, WA, for Respondents.

Kristopher Ian Tefft, Association of Washington Business, Olympia, WA, for Association of Washington Business, amicus curiae.

Robert A. Beattey; Keith Patrick Scully, Gendler & Mann, LLP, Seattle, WA, for Futurewise, amicus curiae.

C. JOHNSON, J.

¶ 1 This case involves a challenge to a conditional use permit issued by a hearing examiner for a development on the shoreline of Lake Chelan. On review, the superior court reversed the examiner and denied the permit. The Court of Appeals dismissed the developers' appeal as moot because (1) the permit required the developers complete conditions within two years, (2) two years had elapsed, and (3) the developers did not seek a stay on the superior...

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