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APPLEWOOD ESTATES v. CITY OF RICHLAND

No. 29806-0-III.

269 P.3d 388 (2012)

166 Wn. App. 161

APPLEWOOD ESTATES HOMEOWNERS ASSOCIATION, a Nonprofit Corporation, Brantingham Greens Homeowners Association, a Washington Nonprofit Corporation; Ross Neely and Mary Joanne Neely, husband and wife; and Michael Laudisio and, Sheila Laudisio, husband and wife, Petitioners, v. CITY OF RICHLAND, a political subdivision of the State of Washington; Wolff Enterprises II, LLC, a Washington Limited Liability Company, dba The Wolff Company, Badger Mountain Apartments I, LLC; Badger Mountain Apartments II, LLC; a Washington Limited Liability Company, and Badger Mountain Apartment III, LLC; a Washington Limited Liability Company, Respondents.

Court of Appeals of Washington, Division 3.

As Amended January 31, 2012.

Attorney(s) appearing for the Case

Bryce James Wilcox , Attorney at Law, Spokane, WA, for Petitioners.

Joel R. Comfort , Miller Mertens Comfort Wagar & Kreutz PL, Kennewick, WA, for Respondents.

Kristopher Ian Tefft , Association of Washington Business, Olympia, WA, amicus counsel for Association of Washington Business.

BROWN, J.

¶ 1 Today, we review a land use dispute. A court has jurisdiction under Washington's Land Use Petition Act (LUPA), chapter 36.70C RCW, to review land use decisions if review is requested within 21 days of the decision. RCW 36.70C.040(3). Applewood Estates Homeowners Association, Brantingham Greens Homeowners Association, Ross Neely, Mary Joanne Neely, Michael Laudisio, and Sheila Laudisio (collectively the Neighbors) challenge the city of Richland's...

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