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MELLISH v. FROG MOUNTAIN PET CARE

No. 37583-4-II.

225 P.3d 439 (2010)

Martin MELLISH, Respondent, v. FROG MOUNTAIN PET CARE, Harold and Jane Elyea, Appellants, Jefferson County, Respondent.

Court of Appeals of Washington, Division 2.

February 3, 2010.

Attorney(s) appearing for the Case

David P. Horton, Law Office of David P. Horton Inc. PS, Silverdale, WA, for Appellants.

Martin Mellish, Port Townsend, WA, Pro se.

David W. Alvarez, Jefferson Co. Pros. Atty., Port Townsend, WA, for Respondent.

David P. Horton, Law Office of David P. Horton Inc. PS, Silverdale, WA, for Other Parties.

QUINN-BRINTNALL, J.

¶ 1 This Land Use Petition Act (LUPA), ch. 36.70C RCW, appeal raises novel issues of law—whether a county hearing examiner's decision is a "final determination" under former RCW 36.70C.020(1)(a) (1995)1 when a motion for reconsideration is pending with the county and, if not, whether the reconsideration motion tolls the time for appeal. If the decision was final before the county denied reconsideration,...

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