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SHARNINGHOUSE v. BELLINGHAM

No. 251-41287-1.

4 Wn. App. 198 (1971)

480 P.2d 233

R.G. SHARNINGHOUSE et al., Respondents, v. THE CITY OF BELLINGHAM, Defendant, JAMES F. BOLSTER, Appellant.

The Court of Appeals of Washington, Division One — Panel 2.

February 1, 1971.

Attorney(s) appearing for the Case

Livesey, Kingsbury & Livesey and Derril T. Bastian, for appellant.

Sam Peach, Hodge, Dahlgren & Hillis, Inc., P.S., and Jerome L. Hillis, for respondents.

WILLIAMS, J.

James A. Bolster, as intervenor, appeals from a decree of the superior court reversing the decision of the Bellingham City Council and its planning commission to issue him a conditional use permit for the construction of a 60-unit apartment house within the city.

The facts relevant to a consideration of the issues presented are not in dispute. In 1947, the proposed apartment house location was zoned R-S for single-residence dwellings. The portion...

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