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BIRNBAUM v. PIERCE COUNTY

No. 66322-4-I.

274 P.3d 1070 (2012)

167 Wn. App. 728

Wendy BIRNBAUM, Appellant, v. PIERCE COUNTY, a political subdivision of the state of Washington, Respondent.

Court of Appeals of Washington, Division 1.

April 16, 2012.

Attorney(s) appearing for the Case

Charles A. Klinge , Brian D. Armsbary , Groen Stephens & Klinge LLP, Bellevue, WA, for Appellant.

Jill Guernsey , Daniel R. Hamilton , Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.

Brian T. Hodges , Bellevue, WA, Amicus.

APPELWICK, J.

¶ 1 Pierce County approved Birnbaum's permit application five years after she submitted it. Birnbaum sued pursuant to chapter 64.40 RCW, alleging that the County exceeded legally established time limits and made arbitrary and capricious requests for additional information. The trial court dismissed the claim under CR 12(b)(6). We affirm.

FACTS

¶ 2 On February 23, 2005, Wendy Birnbaum filed an application with Pierce County...

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