DEER CREEK DEVELOPERS v. SPOKANE COUNTY

No. 27832-8-III.

236 P.3d 906 (2010)

DEER CREEK DEVELOPERS, LLC, a Washington limited liability company, and West Plans Investments LLC, a Washington limited liability company, Appellants, v. SPOKANE COUNTY, a political subdivision of the State of Washington, Respondent.

Court of Appeals of Washington, Division 3.

Publication Ordered July 22, 2010.


Attorney(s) appearing for the Case

Stacy A. Bjordahl, Parsons/Burnett/Bjordahl, LLP, Spokane, WA, for Appellants.

David W. Hubert, Spokane, WA, for Respondent.


KULIK, C.J.

¶ 1 The Deer Creek Project (the "Project") contemplated 280 residential units in 23 buildings built in two phases on property near Spokane International Airport (SIA) and Fairchild Air Force Base (FAFB). The property is zoned light industrial (LI). Deer Creek Developers, LLC (Deer Creek) obtained a building permit for Phase I of the Project during a time when the Spokane County Code permitted residential uses in the LI zone. Deer Creek filed an environmental...

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