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MELLISH v. FROG MOUNTAIN PET CARE

No. 84246-9.

257 P.3d 641 (2011)

172 Wn.2d 208

Martin MELLISH, Petitioner, v. FROG MOUNTAIN PET CARE, Harold Elyea, Jane Elyea, and Jefferson County, Respondents.

Supreme Court of Washington, En Banc.

decided July 28, 2011.

Attorney(s) appearing for the Case

Gerald Barclay Steel , Attorney at Law, Olympia, WA, for Petitioner.

David P. Horton , Law Office of David P. Horton Inc., PS, Silverdale, WA, David W. Alvarez , Jefferson County Prosecutor's Office, Port Townsend, WA, for Respondents.

Harold T. Hartinger , Attorney at Law, Tacoma, WA, amicus counsel for Harold T. Hartinger.

ALEXANDER, J.

¶ 1 We granted Martin Mellish's petition to review a decision of the Court of Appeals in which that court held that Mellish's land use petition was untimely. The primary issue before us is whether a motion for reconsideration Mellish filed with a county hearing examiner tolled the running of the 21-day time limit for filing his land use petition in superior court until such time as the motion for reconsideration was decided. We conclude that it...

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