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WHATCOM FIRE DIST. NO. 21 v. WHATCOM COUNTY

No. 83611-6.

256 P.3d 295 (2011)

171 Wash.2d 421

WHATCOM COUNTY FIRE DISTRICT NO. 21, Petitioner, v. WHATCOM COUNTY, a municipal corporation, Defendant, Birch Point Village, L.L.C., a Washington corporation; Schmidt Constructing, Inc., a Washington corporation; Bright Haven Builders, LLC, a Washington corporation; Mayflower Equities, Inc.; Lisa Schenk and Mike Sumner, Respondents.

Supreme Court of Washington, En Banc.

Decided May 5, 2011.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, Jonathan Kolb Sitkin , Chmelik Sitkin & Davis PS, Bellingham, WA, for Petitioner.

Karen Frakes , Whatcom County Prosecutor's Office, Thomas Gregory Greenan , Zender Thurston, PS, Philip James Buri , Buri Funston Mumford, PLLC, Bellingham, WA, for Respondents.

Brian K. Snure , Snure Law Office, PSC, Des Moines, WA, amicus counsel for Washington Fire Commissioners Association.

OWENS, J.

¶ 1 In 2006, Whatcom County (the County) approved three land use applications for development in the Birch Bay urban growth area. Whatcom County Fire District No. 211 (the Fire District) filed a Land Use Petition Act (LUPA), ch. 36.70C RCW, petition challenging the approvals. At bottom, this case is a dispute between two independent municipal corporations over whether completion of the proposed developments would reduce...

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