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PHOENIX DEVELOPMENT, INC. v. CITY OF WOODINVILLE

No. 84296-5.

256 P.3d 1150 (2011)

171 Wn.2d 820

PHOENIX DEVELOPMENT, INC., a Washington corporation and G & S Sundquist Third Family Limited Partnership, a Washington limited partnership, Respondents, v. CITY OF WOODINVILLE, a Washington municipal corporation and Concerned Neighbors of Wellington, a Washington nonprofit corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided June 16, 2011.

Attorney(s) appearing for the Case

Greg Alan Rubstello , Attorney at Law, J. Richard Aramburu , Jeffrey M. Eustis , Aramburu & Eustis LLP, Seattle, WA, Philip Albert Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, for Petitioners.

George Richard Hill , McCullough Hill PS, Seattle, WA, John Maurice Groen , Groen Stephens & Klinge LLP, Bellevue, WA, for Respondents.

Daniel Brian Heid , City of Auburn, Auburn, WA, amicus counsel for Association of Washington Cities & Washington State Association of Municipal Attorneys.

Timothy M. Harris , Goodstein Law Group PLLC, Tacoma, WA, amicus counsel for Building Industry Association of Washington.

Brian Trevor Hodges , Daniel Alexander Himebaugh , Attorney at Law, Bellevue, WA, amicus counsel for Pacific Legal Foundation.

J.M. JOHNSON, J.

¶ 1 In 2007, the city council of Woodinville (City) unanimously denied two applications submitted by Phoenix Development Inc. to rezone undeveloped property in northeast Woodinville. Seeking reversal of the City's decision, Phoenix filed a land use petition in King County Superior Court. The superior court dismissed the petition, holding that Phoenix failed to establish compliance with any of the six standards set out in RCW 36.70C.130(1). The...

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