Brian T. McGinn's Legal Cases (4)

Land use and zoning

Main/South Terrace Spokane, LLC v. City of Spokane Valley (2007)

Sep 19, 2007

OUTCOME: Successfully appealed SEPA determination.

The City of Spokane Valley, as lead agency, issued a determination of significance (DS), pursuant to the State Environmental Policy Act, for the plat/planned unit development called South Terrace. The ... primary issue in dispute was the true location of the floodplain as contrasted to the information contained on the FEMA map. South Terrace Spokane, LLC, appealed the DS to the City Hearing Examiner, who ruled that the DS was clearly erroneous and should be withdrawn by the City.

State, local, and municipal law

Spokane Research & Defense Fund v. West Central Community Dev. Ass'n, 133 Wn.App. 602, 137 P.2d 120 (2006).

Jun 22, 2006

OUTCOME: Favorable ruling for West Central.

This case concerned whether a private, non-profit organization was subject to the Public Records Act, which proscribes disclosure of public records by government agencies. The trial court and court of ... appeals agreed that the Public Records Act did not apply to the West Central Community Development Association, under the facts of this case.

Real estate

Benninger v. Derifield, 142 Idaho 486, 129 P.3d 1235 (2006).

Feb 02, 2006

OUTCOME: Judgment confirming the Benningers' easement.

This case concerned the Benningers' right to access and use the driveway serving their home.

Land use and zoning

Spokane Rock Products, Inc. v. Spokane County, EWGMHB Case No. 02-1-0003, FDO (July 19, 2002).

Jul 19, 2002

OUTCOME: Favorable ruling by Growth Management Board.

Spokane Rock Products, Inc. challenged the County's compliance with the Growth Management Act, as related to the designation of mineral lands. The Board determined that the County was out of complianc ... e by failing to properly apply the criteria for the designation of mineral lands.

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