In their Final Decision Order (FDO) of September 6, 2013, the Growth Management Hearings Board (Board) found that a variety of factors in San Juan County's Critical Areas Ordinance (CAO) led to a high risk approach to the protection of critical areas. The Board sent the CAOs back to San Juan County to take legislative action to comply with the GMA as set forth in their FDO.
Since that time the Planning Commission and the Council have been working on amendments to the December 2012 CAO. The final draft CAO document is now available for review at the link provided. CSA has submitted written comments entitled, "Clarifications and Comments on Proposed CAO Revisions," and submitted them with the Planning Commission Minutes of their November 15, 2013 meeting, as an attachment.
On February 21, in accordance with the Briefing Schedule Reply Briefs were filed by the parties below in the matter of Common Sense Alliance, P. J Taggares Company, and Friends of the San Juans, Petitioners vs. Growth Management Hearings Board, Western Washington Region, et al., Respondents.
Petitioner, Common Sense Alliance's Reply Brief
Petitioner, P. J. Taggares Company's Reply Brief
Responsive Briefs were filed January 30 and 31, 2014 in the matter of Petitioners Common Sense Alliance, P.J. Taggares Company, and Friends of the San Juans v. Growth Management Hearings Board, Western Washington Region, which is the request of CSA, Taggares and FOSJ for the San Juan County Superior Court to review the September 6th decision by the Growth Board on San Juan County's Critical Areas Ordinance (CAO). The briefs can be read as follows
Common Sense Alliance and the P.J. Taggares Company respond to the Friends of the San Juans. You can read the brief at this link.
Friends of the San Juans responds to Common Sense Alliance and P.J. Taggares Company. You can read the Friends brief here.
San Juan County respond to all Petitioners Common Sense Alliance, P. J. Taggares Company and the Friends of the San Juans. You can read the County's brief here.
Earlier pleadings in this case can be found in the Legal Section of the "Library" found on this site which is located in the blue tool bar above.
The Superior Court hearing in San Juan County is set for 8:30 a.m., March 19, 2014
Late in September after CSA received the final Order from the Growth Hearings Board, word came to CSA that the Board of Pacific Legal Foundation (PLF) had approved PLF’s participation with CSA in the matter of Common Sense Alliance v. Growth Management Hearings Board, Western Washington Region, which is CSA's request for the court to review the September 6th decision by the Growth Board on San Juan County's Critical Areas Ordinance (CAO). The hearing on this matter is set for 8:30 a.m., March 19, 2014, in the San Juan County Superior Court. You can read PLF's Amicus Brief Curiae at this link.
On February 21, 2014, San Juan County files its Response to Amicus Curiae brief of Pacific Legal Foundation.
On February 21, 2014, the Friends of the San Juans files their Response to Amicus Curiae Brief of Pacific Legal Foundation
Believing that the Growth Management Board failed to address several critical and fatal flaws in the County's December 2012 Critical Areas Ordinance, both Common Sense Alliance and the Taggares Company will file tomorrow (October 2, 2013) with the Superior Court of San Juan County, Petitions for Review of the Board's decision. The Court will be asked to stay the Growth Board Order to remove the pressure of any compliance deadline.
In preparation for the Public Hearing on February 4, 2014, at 9:15 a.m., on the second draft of the Critical Areas Ordinance developed by County Staff and the Council in response to comments made by the Growth Board in their Final Decision Order, Sandy Mackie submitted comments on behalf of the Common Sense Alliance and the P.J. Taggares Company. Comments to the County Council can be read here.
CSA also sends comments for the February 4, 2014 Public Hearing. Comments by CSA can be read here.
Note: Council has continued the Public Hearing on this matter to Tuesday, February 11, at 9:15 AM in Council Chambers.
Please note that the County Council will host a critical area ordinance public hearing on Tuesday, February 4th beginning about 9:15am in the Legislative Building (Council Chambers) in Friday Harbor to discuss the adoption of the DOE Wetlands and Critical Area buffer system.
CSA is disappointed that the County has decided, prematurely, to commit scarce Planning Commission and Planning Department resources to reconsidering matters based on the Growth Board's Final Decision and Order, which is currently under appeal for judicial review and
CSA is fortunate to have the help of an appellate group like Pacific Legal Foundation. It could cost a fortune for an individual property owner to resolve these constitutional issues in order to build their home near the shore of our islands or near a beautiful wetland. CSA is in this fight because we feel that it is the right thing to do.
Now, more than ever, CSA needs your financial support. Please use the PayPal button located in the column to the right or mail your tax-deductible donation to the following address:
Common Sense Alliance
PO Box 1249
Friday Harbor, WA 98250
If you would like to write or call the County Council, the Planning Commission, County Planning Staff, the local newspapers, or receive communications from San Juan County, the contact information is found here.
Three days of hearings in Friday Harbor before the Growth Management Hearings Board (“Hearings Board”) on the San Juan County’s Critical Areas Ordinance (“CAO”) culminated in a decision received by the parties on Monday, September 9, 2013. The determination remanded the CAO back to the County for changes consistent with Order of the Hearings Board that is found at the end of the 109 page document. The decision addressed only some of the issues raised by the 5 petitioners in the case, the Friends of the San Juans, the San Juan Builders Association, William H. Wright, P.J. Tagarres Company and Common Sense Alliance.
Legal documents filed in the request for review of San Juan County's Critical Areas Ordinance adopted December 3, 2012
Friends of the San Juans, P. J. Taggares Company, Common Sense Alliance, William H. Wright and San Juan Builders Association, Petitioners, v. San Juan County, a political subdivision and charter county of the State of Washington, Respondent,
can be found in our Library Legal directory found at this link.
If you are looking for Mr. Mackie's letters to the County, please look in the Library found at the top of this page in the "Legal" category. If you are looking for science reports, look in the Library in the "Science" category. If you are looking for previous stories or Newsletters, they will be found in the Library as well.