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KITTITAS CTY. v. EASTERN WASH. GROWTH MGMT.

No. 84187-0.

256 P.3d 1193 (2011)

172 Wn.2d 144

KITTITAS COUNTY, a political subdivision of the State of Washington; Building Industry Association Of Washington (BIAW), a Washington not-for-profit corporation; Central Washington Home Builders Association (CWHBA), a Washington not-for-profit corporation; Mitchell F. Williams, d/b/a MF Williams Construction Co.; Teanaway Ridge, LLC; Kittitas County Farm Bureau; Son Vida II; and American Forest Land Company, Petitioners, v. EASTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD; Kittitas County Conservation; Ridge; Futurewise; and Washington Department of Community, Trade and Economic Development, Respondents.

Supreme Court of Washington, En Banc.

Decided July 28, 2011.

Attorney(s) appearing for the Case

Alexander Weal Mackie , Patrick W. Ryan , Eric S. Merrifield , Perkins Coie LLP, Seattle, WA, Timothy M. Harris , Goodstein Law Group PLLC, Tacoma, WA, Julie Sund Nichols , Law Offices of Stephen Whitehouse, Shelton, WA, Neil Alan Caulkins , Suzanne Michelle Becker , Kittitas County Prosecutor's Office, Jeffrey David Slothower , Attorney at Law, Ellensburg, WA, for Petitioners.

Marc Worthy , Office of the Attorney General, Keith Patrick Scully , Newman & Newman, LLP, Tim Trohimovich , Futurewise, Seattle, WA, Alan D. Copsey , Dorothy Harris Jaffe , Office of the Attorney General, Olympia, WA, for Respondents.

Amanda Wilcox Goodin , Earthjustice, Seattle, WA, amicus counsel for Center for Environmental Law and Policy.

Margaret Jane King , Kenyon Disend, PLLC, Issaquah, WA, amicus counsel for City of Roslyn.

Alan Myles Reichman , Office of the Attorney General, Ecology Division, Olympia, WA, amicus counsel for Department of Ecology.

Brian Trevor Hodges , Pacific Legal Foundation, Bellevue, WA, amicus counsel for Pacific Legal Foundation.

OWENS, J.

¶ 1 Kittitas County (the County) and several other parties (collectively "Petitioners") challenge two final decisions and orders of the Eastern Washington Growth Management Hearings Board (Board). The Board found several provisions of the County's revised comprehensive plan (Plan) and development code noncompliant with the Growth Management Act (GMA), chapter 36.70A RCW. Petitioners argue that the Board misinterpreted the law and acted beyond its jurisdiction...

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