Hale V. Island County

After an administrative agency invalidated Island County Code (ICC) provisions for rezoning land, the lower court ordered the County to terminate a pending rezone application of Nichols Brothers Boatbuilders, Inc. (NBBB). Before the administrative determination of invalidity, NBBB had obtained preliminary use approval and filed its application for final approval under the ICC's two-step rezone process. Upon review of Island County's specific code provisions, we hold that preliminary use approval constituted a final and binding rezone decision. Because NBBB thus acquired a vested right to have its final site plan review application processed under the code provisions then in effect, we reverse.