Conom v. Snohomish County

118 P.3d 344
CourtWashington Supreme Court
DecidedAugust 25, 2005
Docket76082-9
StatusPublished
Cited by36 cases

This text of 118 P.3d 344 (Conom v. Snohomish County) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conom v. Snohomish County, 118 P.3d 344 (Wash. 2005).

Opinion

118 P.3d 344 (2005)

Ann and Tom CONOM, and their marital community, Appellants,
v.
SNOHOMISH COUNTY, a municipal corporation; Carefree Homes, Inc., Robert and Barbara King, and their marital community, Respondents.

No. 76082-9.

Supreme Court of Washington, En Banc.

Argued June 7, 2005.
Decided August 25, 2005.

*345 Tom P. Conom, Edmonds, for Appellants.

Randy Marc Boyer, Lynnwood, Jason Jerome Cummings, Civil Div. Snohomish County, Everett, for Respondents.

C. JOHNSON, J.

¶ 1 This case requires us to determine whether a superior court is divested of jurisdiction to hear a land use petition if a party fails to note an initial hearing within seven days of serving the petition as required under RCW 36.70C.080(1). This case was dismissed by the trial court because the court found it lacked jurisdiction to hear the land use petition. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶ 2 In November 2003, Tom and Ann Conom challenged an application for a rezone submitted by property owners, Robert and Barbara King, and a prospective developer, Carefree Homes, Inc. Clerk's Papers (CP) at 99-100. The proposed rezone would increase the density of the subject property in the unincorporated Meadowdale area north of Lynnwood from a six-lot subdivision to an eight-lot subdivision; the application was being decided administratively by the Snohomish County Department of Planning and Development Services. CP at 79.

¶ 3 On February 24, 2004, the Snohomish County Deputy Hearing Examiner held a public hearing, and on March 10, 2004, the rezone was approved in a written decision, finding that the subject property met the applicable approval tests. CP at 88. The Conoms' filed a motion for reconsideration which was denied. The Conoms then appealed to the Snohomish County Council. CP at 92. On May 19, 2004, the county council affirmed the decision of the deputy hearing examiner. CP at 75.

¶ 4 On June 11, 2004, the Conoms timely filed a land use petition in Snohomish County Superior Court appealing the decision of the County Council.[1] CP at 71-74. The Conoms' land use petition was served on Snohomish County the same day. The Kings and Carefree Homes were served the day before. On June 18, 2004, the county filed a notice of appearance, which was received in the mail by the Conoms on June 22, 2004. CP at 42-46. The Kings and Carefree Homes served their notices of appearance on the Conoms on July 7, 2004. CP at 23.

¶ 5 On June 23, 2004, the county filed a motion to dismiss the Conoms' land use petition. The county argued that the Conoms' failure to note the initial hearing on jurisdictional and preliminary matters as required by RCW 36.70C.080(1) divested the superior court of jurisdiction to hear the Conoms' land use petition. CP at 57-61. On June 28, 2004, the Conoms noted the initial hearing. CP at 50-51. The trial court granted the county's motion to dismiss the Conoms' land use petition. The Conoms filed a notice of appeal with this court and we granted direct review.

ANALYSIS

A. Standard of Review

¶ 6 Superior courts are courts of general jurisdiction. When a superior court acts in an appellate capacity, however, the superior court has only the jurisdiction as conferred by law. Thus, before a superior court may exercise its appellate jurisdiction, statutory procedural requirements must be satisfied. A court lacking jurisdiction must enter an order of dismissal. Crosby v. County of Spokane, 137 Wash.2d 296, 300-01, 971 P.2d 32 (1999). Whether a court may exercise jurisdiction is a question of law subject to de novo review. Similarly, questions of statutory interpretation are questions of law also subject to de novo review.

B. Land Use Petition Act

¶ 7 The Conoms maintain that the trial court improperly dismissed their land use petition because RCW 36.70C.080(1), which requires land use petitioners to note an initial hearing within seven days of serving the petition, is a procedural rather than jurisdictional requirement. Snohomish County, the Kings, and Carefree Homes (respondents) argue that RCW 36.70C.080(1) is *346 a statutory mandate that, if not met, divests the superior court of jurisdiction to hear a land use petition.

¶ 8 Under the Land Use Petition Act (LUPA), chapter 36.70C RCW, parties must comply with certain procedures when filing and serving a land use petition in order to invoke the appellate jurisdiction of a superior court. See Citizens to Preserve Pioneer Park, LLC v. City of Mercer Island, 106 Wash.App. 461, 467, 24 P.3d 1079 (2001). RCW 36.70C.040(2) states that "[a] land use petition is barred, and the court may not grant review, unless the petition is timely filed with the court and timely served . . . ." A land use petition is timely if "it is filed and served on all parties . . . within twenty-one days of the issuance of the land use decision." RCW 36.70C.040(3).

¶ 9 No party disputes that the Conoms satisfied the requirements of RCW 36.70C.040 by timely serving and filing their land use petition. This case centers on the requirement under LUPA that a party note an initial hearing within seven days of serving a land use petition. RCW 36.70C.080(1) provides:

Within seven days after the petition is served on the parties identified in RCW 36.70C.040(2), the petitioner shall note, according to the local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall be set no sooner than thirty-five days and no later than fifty days after the petition is served on the parties identified in RCW 36.70C.040(2).

(Emphasis added.) "The defenses of lack of standing, untimely filing or service of the petition, and failure to join persons needed for just adjudication are waived if not raised by timely motion noted to be heard at the initial hearing . . . ." RCW 36.70C.080(3). Additionally, the briefing schedule, the date on which the record must be submitted, and the date for the trial on the merits are set at the initial hearing. RCW 36.70C.080(4). Parties have the option to waive the initial hearing.

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Bluebook (online)
118 P.3d 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conom-v-snohomish-county-wash-2005.