MERCER ISLAND CITIZENS v. TENT CITY 4

No. 63504-2-I.

232 P.3d 1163 (2010)

MERCER ISLAND CITIZENS FOR FAIR PROCESS, Appellant, v. TENT CITY 4, an unicorporated Washington association; Share/Wheel, an advocacy organization comprised of the Seattle Housing and Resource Effort ("SHARE") and the Women's Housing Equality and Enhancement League ("WHEEL"), a Washington non-profit corporation; Mercer Island United Methodist Church, a Washington non-profit corporation, and the City of Mercer Island, a Washington municipal corporation, Respondents.

Court of Appeals of Washington, Division 1.

June 1, 2010.


Attorney(s) appearing for the Case

Jane Ryan Koler, Law Office of Jane Ryan Koler PLLC, Gig Harbor, WA, for Appellant.

Kathleen H. Knight, City of Mercer Island, WA, Michael Charles Walter, Keating Bucklin McCormack Inc. PS, Seattle, WA, for Respondent, City of Mercer Island.

Ted Paul Hunter, Attorney at Law, Seattle, WA, Sean Adam Russel, Stokes Lawrence Velikanje Moore & Shore, Yakima, WA, for Respondent, Share Wheel.

Ted Paul Hunter, Attorney at Law, Seattle, WA, Mark. F. Rising, Helsell Fetterman LLP, Seattle, WA, for Respondent, United Methodist Church.


GROSSE, J.

¶ 1 The failure to timely challenge a land use decision by means of a Land Use Petition Act (LUPA)1 petition bars any further claims challenging that decision, including challenges to the process for approving that decision. Here, the city's approval of a temporary use agreement that permitted a church to use its property to host a homeless encampment was a land use decision within the meaning of LUPA because it was a decision...

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