Mellish v. Frog Mountain Pet Care

¶1 This Land Use Petition Act (LUPA), ch. 36.70C RCW, appeal raises novel issues of law — whether a county hearing examiner’s decision is a “final determination” under former RCW 36.70C.020(1)(a) (1995)1 when a motion for reconsideration is pending with the county and, if not, whether the reconsideration motion tolls the time for appeal. If the decision was final before the county denied reconsideration, as Frog Mountain Pet Care argues, then Martin Mellish’s appeal to the superior court was untimely and the court erred when it denied Frog Mountain’s motion to dismiss. We reverse because a…