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KNIGHT v. CITY OF YELM

No. 84831-9.

267 P.3d 973 (2011)

173 Wn.2d 325

JZ KNIGHT, Petitioner, v. CITY OF YELM; Windshadow, LLC; Elaine C. Horsak; Windshadow II Townhomes, LLC; Richard E. Slaughter; Regent Mahan, LLC; Jack Long; Petra Engineering, LLC; Samantha Meadows, LLC; TTPH 3-8, LLC, Respondents.

Supreme Court of Washington, En Banc.

Decided December 15, 2011.

Attorney(s) appearing for the Case

Keith E. Moxon , GordonDerr LLP, Michael Barr King , Carney Badley Spellman PS, Seattle, WA, for Petitioner.

Alison Moss , Attorney at Law, Seattle, WA, Alan Myles Reichman , Ofc. of the Aty General/Ecology Division, Olympia, WA, Christopher W. Keay , Attorney at Law, Tacoma, WA, Bryce Haggard Dille , Attorney at Law, Puyallup, WA, for Defendant.

Richard L. Settle , Roger A. Pearce , Patrick John Schneider , Foster Pepper PLLC, Curtis R. Smelser , Averil Budge Rothrock , Colin Jeffrey Folawn , Aaron Matthew Laing , Schwabe Williamson & Wyatt PC, Seattle, WA, Kathleen Callison , Law Office of Kathleen Callison PS, Tumwater, WA, for Respondents.

Rachael Paschal Osborn , Attorney at Law, Spokane, WA, David L. Monthie , DLM & Associates, Olympia, WA, for Amicus Curiae on behalf of Center for Environmental Law & P.

WIGGINS, J.

¶ 1 In 2007, five developers filed applications with the city of Yelm (City) for preliminary plat approval of proposed subdivisions. The only developer still party to this action, TTPH 3-8 LLC (Tahoma Terra), sought approval to develop 32 acres into residential lots. After a hearing examiner granted Tahoma Terra preliminary plat approval, JZ Knight, a nearby property owner and senior water rights holder, appealed to the Yelm City Council (City Council...

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