Legal Opinion
Westway Construction, Inc. v. Benton County
Court of Appeals of Washington
Decided December 14, 2006No. 23721-4-IIIPublishedCited by 15 opinions
1Opinion of the Court
¶1 Westway Construction, Inc., applied for and received a special use permit from Benton County to mine and crush rock on Billy Phelps’s property. The permit prohibited mining or crushing from March 1 through August 15 because of the existence of a ferruginous hawk nest. Westway and Mr. Phelps sued Benton County for damages under chapter 64.40 RCW, as well as tort and due process claims. Benton County’s motion for summary judgment was granted. Westway and Mr. Phelps appeal. We affirm.
Kato, J.
¶2 On March 30, 2000, Westway applied for a special use permit from Benton County to mine 23,000 tons…
2Cases cited21 opinions
- Highline School District No. 401 v. Port of SeattleWashington Supreme Court · 1976
- Campbell v. State, Department of Social and Health ServicesWashington Supreme Court · 2004
- Hayes v. City of SeattleWashington Supreme Court · 1997
- Hayes v. City of SeattleWashington Supreme Court · 1997
- Grundy v. Thurston CountyWashington Supreme Court · 2005
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Manna Funding, LLC v. Kittitas CountyCourt of Appeals of Washington · 2013
- Young v. SavidgeCourt of Appeals of Washington · 2010
- Brinkley v. Monterey Fin. Servs., Inc., California Court of Appeal, 4th District2015
- Young v. SavidgeCourt of Appeals of Washington · 2010
- Estate of Connelly v. SNOHOMISH CTY. PUBLIC UTILITY DIST.Court of Appeals of Washington · 2008
10 more not listed; retrieve them via the Exa API.