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ELLENSBURG CEMENT PRODUCTS v. KITTITAS CTY.

No. 30381-1-III.

287 P.3d 718 (2012)

ELLENSBURG CEMENT PRODUCTS, INC., Appellant, v. KITTITAS COUNTY, Respondent, and Homer L. (Louie) Gibson, Respondent, James and Deanna Hamilton, and Larry and Sherrie Miller, Defendants.

Court of Appeals of Washington, Division 3.

October 30, 2012.

Attorney(s) appearing for the Case

Michael John Murphy , Groff Murphy PLLC, William John Crittenden , Attorney at Law, Seattle, WA, for Appellant.

Neil Alan Caulkins , Kittitas County Prosecutor, Ellensburg, WA, James Cortland Carmody , Velikanje Halverson PC, Yakima, WA, for Respondent.

KULIK, J.

¶ 1 Homer L. "Louie" Gibson owns real property in Kittitas County that is designated "rural" under the Kittitas County Comprehensive Plan and zoned "agriculture-20" (A-20). Through a series of administrative proceedings, and an appeal to superior court, Mr. Gibson obtained a determination of nonsignificance (DNS) and a conditional use permit (CUP) allowing him to crush rock on his property. On appeal here, Ellensburg Cement Products, Inc. (ECP) asserts...

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