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FOX v. SKAGIT COUNTY

No. 73315-0-I.

372 P.3d 784 (2016)

193 Wash.App. 254

Richard A. FOX and Marnie B. Fox, husband and wife, Appellants, v. SKAGIT COUNTY, a municipal corporation, Skagit County Board of Health, an RCW 70.05 local board of health, Dale Pernula, Director of the Skagit County Planning and Development Services and Jennifer Kingsley, Director of the Skagit County Board of Health aka Skagit County Public Health Department, State of Washington, Department of Ecology, Swinomish Indian Tribal Community, Respondents.

Court of Appeals of Washington, Division 1.

April 11, 2016.

Attorney(s) appearing for the Case

Peter Cornelius Ojala , Ojala Law Inc. PS, Snohomish, WA, for Appellants.

Skagit County Prosecuting Atty., Attorney at Law, A.O. Denny , Jill M. Dvorkin , Skagit County, Prosecuting Attorney Civil, Mount Vernon, WA, William W. Honea , Honea Law PLLC, Sedro Woolley, WA, Marc Slonim , Attorney at Law, Joshua Osborne-Klein , Ziontz Chestnut , Seattle, WA, Emily Rae Hutchinson Haley , Attorney at Law, La Conner, WA, Ecology Division A.g. Office, Attorney at Law, Alan Myles Reichman , David Frederick Stearns , Office of the Attorney General, Ecology, Olympia, WA, for Respondents, Respondents Intervenors.

Alan Myles Reichman , David Frederick Stearns , Office of the Attorney General, Ecology Division, Olympia, WA, for Respondents Intervenors.

Daniel James Von Seggern , Center For Environmental Law and Policy, Seattle, WA, for Amicus Curiae on behalf of Center for Environmental Law & Policy.

¶ 1 Richard and Marnie Fox appeal the trial court's order denying their motion for a writ of mandamus seeking to compel Skagit County to issue a building permit. The Foxes argue the trial court erred when it ruled that the well on their property, despite being exempt from the water permit requirement, is not an adequate water supply...

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