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YAKIMA COUNTY v. EASTERN WASHINGTON GMHB

No. 29763-2-III.

279 P.3d 434 (2012)

YAKIMA COUNTY; Yakima County Farm Bureau, Inc., Respondents and Cross-Appellants. v. EASTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD; Futurwise; and Confederated Tribes and Bands of the Yakama Nation, Appellants and Cross-Respondents, Isabel L. Campbell, Wes Hazen; Upper Wenas Preservation Association; Yakima Valley Audltbon Society; Washington State Department of Fish and Wildlife; Washington State Department of Commerce; Columbia Ready-Mix, Inc.; Friends of the Wenas; Yakima County Cattlemen's Association; Central Pre-Mix Concrete Co., Inc., Defendants.

Court of Appeals of Washington, Division 3.

June 14, 2012.

Attorney(s) appearing for the Case

Thomas Andrew Zeilman , Law Offices of Thomas Zeilman, Yakima, WA, Tim Trohimovich , Futurewise, Seattle, WA, for Appellant.

Paul Edward McIlrath , Yakima County Courthouse, Terry Dee Austin , Attorney at Law, Yakima, WA, Samuel A. Rodabough , Groen Stephens & Klinge LLP, Bellevue, WA, for Respondent/Cross-Appellant.

BROWN, J.

¶ 1 Futurewise and the Confederated Tribes and Bands of the Yakama Nation (Yakama) appeal the Yakima County Superior Court's reversal of two Eastern Washington Growth Management Hearings Board (GMHB) determinations that Yakima County Critical Areas Ordinance No. 13-2007 violated certain riparian requirements of the Growth Management Act (GMA), chapter 36.70A RCW. Generally, Futurewise and Yakama contend the superior court should have left intact the...

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