Legal Opinion
Berst v. Snohomish County
Court of Appeals of Washington
Decided November 4, 2002No. 49545-3-IPublishedCited by 15 opinions
1Opinion of the Court
Cox, A.C.J.
Challenges to land use decisions are generally governed by the Land Use Petition Act (LUPA), *248chapter 36.70C RCW, not the Uniform Declaratory Judgments Act, chapter 7.24 RCW.1 But LUPA does not apply to decisions that are not land use decisions. Because the imposition of a moratorium under the Forest Practices Act of 1974 (FPA) is not a land use decision, we reverse and remand.2
The Bersts own a 10-acre piece of property in Snohomish County. In September 1998, they requested a preapplication conference with the Snohomish County Department of Planning and Development Services (PDS) to…
2Cases cited24 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
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3Cited by15 opinions
- Kinney v. CookCourt of Appeals of Washington · 2009
- Kinney v. CookCourt of Appeals of Washington · 2009
- Berst v. Snohomish CountyCourt of Appeals of Washington · 2002
- Washington Public Trust Advocates ex rel. City of Spokane v. City of SpokaneCourt of Appeals of Washington · 2003
- Mercer Island Citizens for Fair Process v. Tent City 4Court of Appeals of Washington · 2010
10 more not listed; retrieve them via the Exa API.