(DOWNLOAD) "Prekeges V. King County" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Prekeges V. King County
- Author : Washington Court of Appeals
- Release Date : January 30, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The appellant petitioned for judicial review of a King County land use decision after missing the deadline for appealing to a hearing examiner. Because he actually saw notice of the project application, the defects in public notice of the application do not excuse him from the duty to exhaust administrative remedies. And he did not become entitled to mailed notice of the decision by leaving a voice mail message with the county. The trial court correctly dismissed his petition. US West Wireless applied to King County for a conditional use permit to construct a 123 foot tall telecommunications monopole in Redmond. King County's Department of Development and Environmental Services (DDES) determined the application to be complete on July 23, 1997. The King County Code (KCC) required mailing of a notice of the application to all property owners located within 500 feet of the project site; publication of the notice in two newspapers; and public posting of the notice on the site within 14 days of the determination of completion. KCC 20.20.060. In this case, publication and posting of US West's application notice fell short of the code requirements. Legal notices of the proposed monopole project appeared in only one newspaper and the on-site posting was a week late. James Prekeges did not receive mailed notice of the application because he lived further than 500 feet from the project site. He found out about the project on August 19, when he drove by the site and saw the posted notice. The notice referred to a 21-day comment period, ending August 27. Prekeges immediately called King County and had a conversation with Paul Wozniak, a planner assigned to write a State Environmental Policy Act report for the project. Wozniak had previously received written comments submitted by Prekeges, on behalf of Citizens for a Happy Valley, in opposition to an earlier tower application in Happy Valley. Wozniak told Prekeges he could come by any morning to review US West's application.
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