257 P.3d 641
Wash.2011Background
- Mellish opposed Frog Mountain Pet Care's conditional use permit and variance expansion before Jefferson County.
- The Jefferson County hearing examiner granted Frog Mountain's land use permit on June 20, 2007, with notice mailed to Mellish.
- Mellish filed a motion for reconsideration with the examiner on June 28, 2007, but did not notify Frog Mountain.
- The examiner denied the motion on July 20, 2007, with notice mailed the next day.
- Mellish filed a LUPA petition in superior court on August 10, 2007, within 21 days after reconsideration denial and long after the initial decision, triggering a tolling dispute over the filing deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mellish’s motion for reconsideration tolled the 21-day LUPA filing deadline. | Mellish | Frog Mountain | Yes; reconsideration tolls the deadline under LUPA as amended (HB 2740) and preamendment precedent supports tolling. |
| Whether the examiner's reconsideration decision constitutes the final land use decision for LUPA timing. | Mellish | Frog Mountain | Yes; the reconsideration decision is the final land use decision under the amended statute. |
| Whether HB 2740 applies retroactively to Mellish’s petition. | Mellish | Frog Mountain | The Court did not resolve retroactivity applicability as it reversed on tolling grounds, making retroactivity unnecessary to reach result. |
Key Cases Cited
- Skinner v. Civil Service Comm'n, 168 Wash.2d 845 (2008) (tolls appeal period when a timely reconsideration is filed under a silent statute)
- Hall v. Seattle Sch. Dist. No. 1, 66 Wash. App. 308 (1992) (tolling of reconsideration in absence of a clear statute)
- Samuel's Furniture, Inc. v. Department of Ecology, 147 Wash.2d 440 (2002) (finality doctrine under LUPA; requires nothing left open to dispute for finality)
- Habitat Watch v. Skagit County, 155 Wash.2d 397 (2005) (LUPA exhaustion and finality; deference to local land use decisions)