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NORTHSHORE INVESTORS, LLC v. CITY OF TACOMA

No. 42490-8-II.

301 P.3d 1049 (2013)

NORTHSHORE INVESTORS, LLC, a Washington limited liability company; and North Shore Golf Associates, Inc., a Washington corporation; and Save Ne Tacoma, a Washington non-profit corporation, et al., Appellants, v. CITY OF TACOMA, a Washington municipal corporation, Respondent.

Court of Appeals of Washington, Division 2.

April 30, 2013.

Attorney(s) appearing for the Case

Gary Dennis Huff , Attorney at Law, Steven David Robinson , Attorney at Law, Seattle, WA, for Appellants.

Paul W. Moomaw , Mundt MacGregor L.L.P., Bainbridge Island, WA, Christopher Ian Brain , Tousley Brain Stephens PLLC, Seattle, WA, for Plaintiff.

Aaron Matthew Laing , Averil Budge Rothrock , Schwabe Williamson & Wyatt PC, Seattle, WA, for Appellant/Cross-Respondent.

Jay Palmer Derr , Dale Noel Johnson , Duncan McGehee Greene , Van Ness Feldman LLP, Seattle, WA, for Respondent/Cross-Appellant.

Timothy M. Harris , Goodstein Law Group PLLC, Tacoma, WA, amicus counsel for Master Builders Association, Washington Realtors and Building Industry Association.

PENOYAR, J.

¶ 1 The parties and amici ask us to address important legal issues related to the city of Tacoma's (City) denial of a significant rezone request. But because this lawsuit was not served on the necessary parties within the strict statutory time period, we reverse and remand for dismissal.

¶ 2 Northshore Investors (Northshore) submitted an application to the City for permits to redevelop North Shore Golf Associates' (the Owners) golf course...

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