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CURHAN v. CHELAN COUNTY

No. 28032-2-III.

230 P.3d 1083 (2010)

Paul CURHAN and Susan Curhan, husband and wife, Appellants, v. CHELAN COUNTY, a Washington municipal corporation; Frederick L. Guimond and Carol Ann Homsey Kasper, husband and wife, and the marital community comprised thereof, Respondents.

Court of Appeals of Washington, Division 3.

Reconsideration Denied June 4, 2010.

Attorney(s) appearing for the Case

Allan Galbraith, Attorney at Law, Wenatchee, WA, for Appellants.

Susan E. Hinkle, Chelan County Prosecutor's Office, Wenatchee, WA, for Respondents.

Robert Gray Dodge, Law Offices of Robert G. Dodge, PLLC, Wenatchee, WA, for Respondent/Cross-Appellant.

BROWN, J.

¶ 1 Paul and Susan Curhan appeal the trial court's dismissal of their petition under the Land Use Petition Act (LUPA), chapter 36.70C RCW against their neighbors, Frederick L. Guimond and Carol Ann Homsey Kasper, husband and wife (collectively Guimond/Kasper) and Chelan County. They claim the County improperly issued Guimond/Kasper a building permit to construct a cabin with a deck facing Lake Wenatchee based upon an incorrect common line setback. The...

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