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ELLENSBURG CEMENT PRODUCTS v. KITTITAS CO.

No. 88165-1.

317 P.3d 1037 (2014)

179 Wn.2d 737

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

Supreme Court of Washington, En Banc.

February 6, 2014.

Attorney(s) appearing for the Case

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

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

GORDON McCLOUD, J.

¶ 1 Homer L. Gibson applied to Kittitas County for a conditional use permit (CUP) that would allow him to conduct rock crushing and other gravel and cement production related activities on his agricultural-zoned property. Kittitas issued a determination of nonsignificance (DNS) under the State Environmental Policy Act (SEPA), chapter 43.21C RCW, and gave notice that it would hold a public hearing on the CUP. Ellensburg Cement Products, Inc...

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