Legal Opinion

Miller v. City of Bainbridge Island

Court of Appeals of Washington

Decided April 12, 2002No. 26367-0-IIPublishedCited by 9 opinions

1Opinion of the Court

Quinn-Brintnall, A.C.J.

Business owners Earl and Linda Miller sought a permit to rebuild their business and pier after fire destroyed the structures. The property was zoned residential, but Miller claimed that the property enjoyed a legal nonconforming use at the time of the fire. The City of Bainbridge Island denied the permit, claiming the original nonconforming use (concrete casting and supply) had lapsed. The Millers and Eagle Harbor Alliance (EHA) appealed, and the land use examiner affirmed. The Millers and EHA then appealed to superior court. The superior court reversed the land use…

2Cases cited19 opinions

  1. Waste Management of Seattle, Inc. v. Utilities & Transportation CommissionWashington Supreme Court · 1994
  2. Franklin County Sheriff's Office v. SellersWashington Supreme Court · 1982
  3. Hilltop Terrace Homeowner's Ass'n v. Island CountyWashington Supreme Court · 1995
  4. Clarke v. Shoreline School District No. 412Washington Supreme Court · 1986
  5. VF Zahodiakin Engineering Corp. v. BD. OF ADJUSTMENT, CITY OF SUMMITSupreme Court of New Jersey · 1952

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3Cited by9 opinions

  1. McMILIAN v. King CountyCourt of Appeals of Washington · 2011
  2. McMilian v. King CountyCourt of Appeals of Washington · 2011
  3. Deborah Peralta v. State Of WashingtonCourt of Appeals of Washington · 2015
  4. Miller v. City of Bainbridge IslandCourt of Appeals of Washington · 2002
  5. Rosema v. City of SeattleCourt of Appeals of Washington · 2012

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