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BROTHERTON v. JEFFERSON COUNTY

No. 40108-8-II.

249 P.3d 666 (2011)

Thomas BROTHERTON and Cassandra Brotherton, and their marital community, Appellants, v. JEFFERSON COUNTY, a political subdivision of the State of Washington, Respondents.

Court of Appeals of Washington, Division 2.

March 15, 2011.

Attorney(s) appearing for the Case

Thomas Brotherton (Appearing Pro Se), Cassandra Brotherton (Appearing Pro Se), Quilcene, WA, for Appellants.

David W. Alvarez , Jefferson Co. Pros. Aty., Port Townsend, WA, for Respondents.

Dorothy Harris Jaffe , Attorney General's Office, Olympia, WA, amicus counsel for Washington State Department of Health.

ARMSTRONG, J.

¶ 1 Thomas and Cassandra Brotherton challenge Jefferson County's (County) denial of their request for a waiver from state and local sewage system regulations, arguing that the local ordinance governing waivers, Jefferson County Code 8.15.165(JCC), conflicts with state law and is unconstitutionally vague. The County argues that the Brothertons' complaint is untimely under either the Land Use Petition Act (LUPA), chapter 36.70C RCW, or the Declaratory...

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