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BD LAWSON PARTNERS v. CENTRAL PUGET

Nos. 67095-6-I, 67094-8-I.

269 P.3d 300 (2011)

165 Wn. App. 677

BD LAWSON PARTNERS, LP and BD Village Partners, LP, Petitioners, v. CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD, Defendants, Toward Responsible Development, a Washington nonprofit corporation; Cynthia E. and William B. Wheeler; Robert M. Edelman; Peter Rimbos; Michael E. Irrgang; Judith Carrier; Eugene J. May; Vicki Harp; Cindy Proctor; Estate of William C. Harp, Respondents, City of Black Diamond, Petitioner. BD Lawson Partners, LP and BD Village Partners, LP, Respondents, v. Central Puget Sound Growth Management Hearings Board, Defendants, Toward Responsible Development, a Washington nonprofit corporation; Cynthia E. and William B. Wheeler; Robert M. Edelman; Peter Rimbos; Michael E. Irrgang; Judith Carrier; Eugene J. May; Vicki Harp; Cindy Proctor; Estate of William C. Harp, Petitioners, City of Black Diamond, Respondent.

Court of Appeals of Washington, Division 1.

December 27, 2011.

Attorney(s) appearing for the Case

Nancy Bainbridge Rogers , Andrew Sallas Lane , Randall P. Olsen , Cairncross & Hempelmann PS, Seattle, WA, for Petitioners BD Lawson Partners.

Bob C. Sterbank , Michael R. Kenyon , Kenyon Dissend PLLC, Issaquah, WA, for Petitioners City of Black Diamond.

David Alan Bricklin , Bricklin & Newman, LLP, Seattle, WA, for Judith Carrier, Robert M. Edelman, Estate of William C. Harp, Vicki Harp, Michael E. Irrgang, Cindy Proctor, Peter Rimbos, Toward Responsible Development, Cynthia Wheeler, William B. Wheeler.

Marc Worthy , Office of the Attorney General, Seattle, WA, for Defendant Central Puget Sound Growth Management Hearings Board.

APPELWICK, J.

¶ 1 The Central Puget Sound Growth Management Hearings Board lacked jurisdiction to review the 2010 ordinances enacted by the City of Black Diamond approving the master plan development permits for Yarrow Bay. We reverse.

FACTS

¶ 2 In 2009, the City of Black Diamond (City) adopted a new comprehensive plan. City of Black Diamond, Wash. Ordinance no. 09-908 (2009) (BDO). That comprehensive plan included a Future Land Use Map...

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