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Land Use

Miotke v. Spokane County: Eastern Washington Growth Management Hearing Board, Washington Court of Appeals, Division 3: Successful appeal of Spokane County’s 2005 Comprehensive Plan Amendments expanding the Urban Growth Area on Five Mile Prairie. State Court of Appeals ruled May 29, 2008 that County’s appeal of hearings board rulings was “moot” because county had repealed its decision. See CFJ feature story on Miotke/McHugh cases.

McHugh v. Spokane County: Eastern Washington Growth Management Hearing Board, Washington Court of Appeals, Division 3: Successful appeal of Spokane County’s 2006 Comprehensive Plan Amendments expanding the Urban Growth Area on the West Plains (Flint Road). State Court of Appeals ruled May 29, 2008 that County’s appeal of hearings board rulings was “moot” because county had repealed its decision. See CFJ feature story on Miotke/McHugh cases.

Dan Henderson, Larry Kunz, Neil Membrey, Kasi Harvey-Jarvis and the Neighborhood Alliance of Spokane County v. Spokane County (respondent) and McGlades, LLC (intervenor). Petition before the Eastern Washington Growth Management Hearings Board, decided in September 2008. The case involved a fruit stand that had been expanded into a full-service restaurant in a rural residential area north of Spokane. The board found that the County erred in all six issues raised under the state’s Growth Management Act (GMA), the County’s own comprehensive plan, and the State Environmental Policy Act. The board’s ruling was accompanied by a finding of “invalidity” that was accompanied with a detailed order and time table for the County to come into compliance. The CFJ feature story on the case can be found here.

Southgate Neighborhood Council, Neighborhood Alliance of Spokane, Ginger Patano and Futurewise v. City of Spokane. Pending petition before the Eastern Washington Growth Management Hearings Board filed July 25, 2008. Case involves allegation that the City’s decision to proceed with “big box” development on South Regal Street violates the Growth Management Act and the City’s comprehensive plan. See CFJ story “Out of the Box.”

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Center for Justice
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35 West Main, Suite 300
Spokane, Washington 99201
(509) 835-5211
Center for Justice is open Monday through Friday from 8 a.m. to 5 p.m., except during the noon hour and on court holidays. 567