Legal Opinion

Kelly v. Chelan County

Court of Appeals of Washington

Decided June 19, 2008No. 25378-3-IIIPublishedCited by 4 opinions

1Opinion of the CourtSchultheis, C. J.

f 1 A developer filed an application for a conditional use permit in 1989 but supplemented and revised its plans for the project on numerous occasions. In 2005, a hearing examiner found that the application vested to the regulations in effect in 1994 and approved the application. Neighbors who opposed the project won their appeal to the superior court under the Land Use Petition Act (LUPA), chapter 36.70C RCW. The developer now appeals. The neighbors have moved to dismiss the appeal because, with the passage of time, the permit expired due to the developer’s failure to meet deadlines required…

2Cases cited22 opinions

  1. Noble Manor Co. v. Pierce CountyWashington Supreme Court · 1997
  2. Noble Manor Co. v. Pierce CountyWashington Supreme Court · 1997
  3. Erickson & Associates, Inc. v. McLerranWashington Supreme Court · 1994
  4. James v. County of KitsapWashington Supreme Court · 2005
  5. James v. Kitsap CountyWashington Supreme Court · 2005

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3Cited by4 opinions

  1. Kelly v. Chelan CountyCourt of Appeals of Washington · 2010
  2. Kelly v. COUNTY OF CHELANWashington Supreme Court · 2010
  3. Kelly v. COUNTY OF CHELANCourt of Appeals of Washington · 2010
  4. Kelly v. Chelan CountyWashington Supreme Court · 2010

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