Amphitheater developer Q Prime Inc. contended, and Judge Morganagreed, that the state exempts officially sanctioned public eventsfrom such regulations, and that using this facility wouldconstitute a public event. Opponents disagree, and may appeal theruling to the state Supreme Court.

If the Supreme Court refuses to hear the case, it would clearthe way for the $10-million project. New York-based Q Prime plansto build the amphitheater on 134 acres of county-owned fairgroundland north of Vancouver, deed it to the county and then lease itback for $23 million over 25 years.

Q Prime wants to bring 40 top acts a year to Clark Countybetween May and October as a rest stop between major venues inCalifornia and the famous Gorge at George amphitheater in EasternWashington. Q Prime also is maneuvering to build amphitheaters inMinneapolis and New York City. Q Prime clients include Metallica,Def Leppard, Red Hot Chili Peppers and Stone Temple Pilots.