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FEIL v. E. WASHINGTON GROWTH MGMT. HEARINGS

No. 84369-4.

259 P.3d 227 (2011)

Jack FEIL and Delaphine Feil, husband and wife; John Tontz and Wanda Tontz, husband and wife; and The Right to Farm Association of Baker Flats, Petitioners, v. The EASTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD; Douglas County; Washington State Department Of Transportation; Washington State Parks and Recreation Commission; and Public Utility District No. 1 of Chelan County, Respondents. Jack Feil and Delaphine Feil, husband and wife; John Tontz and Wanda Tontz, husband and wife; and The Right to Farm Association of Baker Flats, Petitioners, v. Douglas County; Douglas County Board Of County Commissioners; Washington State Department of Transportation; Washington State Parks And Recreation Commission; and Public Utility District No. 1 of Chelan County, Respondents.

Supreme Court of Washington, En Banc.

Decided August 18, 2011.

Attorney(s) appearing for the Case

Robert Clayton Rowley , James J. Klauser , Rowley & Klauser LLP, Seattle, WA, for Petitioners.

Steven Michael Clem , Douglas County Prosecuting Attorney, Waterville, WA, James R. Schwartz , Stephen Raymond Klasinski , Attorney General's Office, Matthew Kernutt , Owens Davies Fristoe Taylor & Schultz, Olympia, WA, Marc Worthy , Office of the Attorney General, Seattle, WA, Carol A. Wardell , Chelan County Public Utility District, Wenatchee, WA, for Respondents.

Brian Trevor Hodges , Pacific Legal Foundation, Bellevue, WA, amicus counsel for Pacific Legal Foundation and Num., Washington Farm Bureau, Adams County Farm Bureau, Chelan-Douglas County Farm Bureau, Clark-Cowlitz County Farm Bureau, Franklin County Farm Bureau, Grant County Farm Bureau, Lewis County Farm Bureau, Mason-Kitsap Farm Bureau, Okanogan County Farm Bureau, Skagit County Farm Bureau, Snohomish County Farm Bureau, Stevens County Farm Bureau, Thurston County Farm Bureau, Whatcom County Farm Bureau, Whitman County Farm Bureau, Yakima County Farm Bureau, and Building Industry Association.

ALEXANDER, J.

¶ 1 We granted review of a decision of the Court of Appeals affirming the Douglas County Superior Court's dismissal of a challenge by individual orchardists and a farm association to the issuance of development permits to the Washington State Parks and Recreation Commission for construction of a pedestrian and bike trail. We affirm the Court of Appeals.

I

A. Factual History

¶ 2 In 1997, a planning and permitting...

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