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VOGEL v. CITY OF RICHLAND

No. 28470-1-III.

255 P.3d 805 (2011)

161 Wash.App. 770

Hans VOGEL and Dana Vogel, husband and wife, Appellants, v. CITY OF RICHLAND, a political subdivision of the State of Washington and Milo Bauder, and Jane Doe Bauder, husband and wife, Respondents.

Court of Appeals of Washington, Division 3.

May 12, 2011.

Attorney(s) appearing for the Case

John Stephen Ziobro , Telquist Ziobro McMillen PLLC, Richland, WA, for Appellants.

George Fearing , Brian James Iller , Attorney at Law, Andrea Jean Clare , Leavy Schultz Davis & Fearing, Kennewick, WA, for Respondents.

SIDDOWAY, J.

¶ 1 Hans and Dana Vogel appeal the ruling of the Benton County Superior Court dismissing their Land Use Petition Act (LUPA)1 petition as untimely under LUPA's 21-day statute of limitations. The issue raised by the appeal is whether a land use decision made on the basis of an oral request, to which there is an oral response, is "issued" under the LUPA as soon as there is some reference to it in a public meeting or public...

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