HomeMy WebLinkAbout2961-458g
c,fi\14:
{v....()(J
Michelle McConnell
'V1li I
From:
Sent:
To:
Subject:
Jill Silver Usilver@10000yearsinstitute.org]
Monday, April 20, 2009 12:53 PM
Michelle McConnell
Whatcom County: Shoreline rules still in effect, despite judge's ruling
e~
Good morning -
Would you please share this with the PC?
I'm not reading this the same way it was presented by some at last Wednesday's PC meeting, but I hope that there will be
a clarifying summary presented by counsel to the PC and SOCC so that our update is processed so that it can't be
delayed in any way by a 'technicality'.
Thank you -
Jill
http://www.bellinqhamherald.com/102/storv/872318.html
Whatcom County: Shoreline rules still in effect,
despite judge's ruling
JOHN STARK - THE BELLINGHAM HERALD
Shoreline development regulations approved by the Whatcom County Council on Aug. 8, 2008, remain in effect
despite a Monday, April 13, ruling by a Skagit County Superior Court judge., according to state and county
officials.
A property owners' group called Citizens for Rational Shoreline Planning has filed a lawsuit to challenge the
tougher rules, joined by development engineer Ronald Jepson and the Buildin Indust Association of
Whatcom Count . In an order stemmin from that lawsuit
In a press release issued Tuesday, April 14, the BIA proclaimed victory, saying that Rickert's ruling means the
new shoreline rules are no longer in effect.
"They failed in August to do it properly," said Charles Klinge, attorney for the BIA. "The result is they have
nothing in effect. "
Matthew Stock, attorney for the property owners' group, was a bit more cautious. He said Rickert's ruling "casts
serious doubt" on the validity of the new rules.
But Deputy Whatcom County Prosecuting Attorney Karen Frakes and Assistant Washington Attorney General
Kelly Wood disagreed.
1
While the resolution may not conform to county law, it was good enough to put the shoreline rules into effect,
because they had previously been approved by the Washington Department of Ecology and have the force of
state law, Wood said. As he explained it, state shoreline law specifies that any written notice of approval from
the county is sufficient to put the rules into effect.
In any event, Frakes said, the council revisited the issue in March 2009 and did pass the shoreline rules in the
form of an ordinance, along with a few amendments to address property owners' concerns. The amendments are
still being reviewed by the Department of Ecology.
"Our interpretation of the decision is that, given that state law was complied with, the plan went into effect on
Aug. 8," Frakes said. "The county adopted an ordinance on March 17. Clearly this ordinance is in effect."
Klinge said it's likely that the plaintiffs will be back in court.
"It's just unbelievable," Klinge said. "The judge was clear. The county made a mistake. ... If they keep this up,
we'll just have to go back to the judge."
Reach JOHN STARK at 715-2274 or iohn.starklalheIlinl!hamherald.com. Read his Consumer Protection Blog at TheBeIlinl!hamHerald.com/blol!s.
Jill Silver
Executive Director
10,000 Years Institute
211 Iaylor Street, Suite 35A
Port 'I'ownsend, W A 98368
360.385.0715
jsilver@lOOOOyearsinstitute.org
www.lOOOOyearsinstitute.org
2