SPOKANE COUNTY v. GROWTH MNGMT. HEARINGS

No. 28350-0-III.

250 P.3d 1050 (2011)

160 Wash.App. 274

SPOKANE COUNTY, a political subdivision of the State of Washington, and McGlades, LLC, a Washington limited liability company, Respondents, v. EASTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD, a statutory entity, Defendant, Dan Henderson, Larry Kunz, Neil Membrey, Kasi Harvey-Jarvis, and Neighborhood Alliance of Spokane, Appellants.

Court of Appeals of Washington, Division 3.

Publication Ordered March 7, 2011.


Attorney(s) appearing for the Case

Richard Kirk Eichstaedt , Center for Justice, Spokane, WA, for Appellants.

David W. Hubert , Frederick Joseph Dullanty Jr. , Nathan Graham Smith , Attorney at Law, Matthew William Daley , Witherspoon, Kelley, Davenport & Toole, Spokane, WA, for Respondents.

Marc Worthy, Office of the Attorney General, Seattle, WA, for other parties.


SWEENEY, J.

¶ 1 Subject matter jurisdiction over petitions to amend a comprehensive plan is vested exclusively in growth management hearings boards. The decision is legislative in nature and therefore not subject to judicial review. Changes to zoning regulations, on the other hand, are not exclusively legislative and are therefore subject to judicial review. The landowner here petitioned for judicial review of a decision...

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