Asche v. Bloomquist

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the petitioners’ due process challenge failed where they failed to appeal within 21 days of the building permit’s issuance even when they complained of lack of notice under the procedural due process clause
• reasoning that plaintiffs “had a property right, created by the . . . [view protection] zoning ordinance, in preventing [their neighbors] from build- ing a structure over” a certain height without their approval
• looking to the Kitsap County Code to determine whether an administrative appeals process existed that the parties needed to exhaust
• issuance of permit was land use decision because county code did not provide for administrative challenge to building permit
• LUPA precludes public nuisance claim that depended on a finding that the County improperly applied zoning code to specific property
• a nuisance action fails when it is based on rights conferred by a statute and the statutory rights have not been violated

Source: CourtListener parenthetical corpus (CC0).