County of Spokane v. Gifford

— Defendant, Peter E. Gifford, was charged by criminal complaint filed in the Spokane County District Court with violation of a county zoning ordinance prohibiting commercial use of land within an agricultural zone except as specifically permitted. Defendant was alleged to be manufacturing and selling furniture frames. He was convicted in district court and on appeal to superior court the complaint was dismissed for failure to state a crime. The County of Spokane appeals.

Defendant presents a threshold question by challenging the county’s right of appeal.

An appeal by the state does not lie…