Over the summer, both CSA attorney, Sandy Mackie, of Perkins Coie LLC, and Brian Hodges, attorney for The Pacific Legal Foundation, who joined CSA in our challenge of the Growth Board’s decision to the San Juan County Superior Court, made personal appearances in Friday Harbor to assist the CSA board in making a decision to appeal Judge Eaton’s Superior Court decision to the Washington State Court of Appeals.
“CSA is exactly where you need to be at this point,” said Mr. Hodges. “With Mr. Mackie’s assistance, you have taken the required steps necessary to establish an excellent record in preparation for the higher courts.”
Mr. Hodges went on to say, “The Growth Management Hearings Board has only ruled in a handful of instances in favor of citizens, and has no judicial authority. Superior court judges, for the most part, are not prepared nor have the time to research constitutional issues, and most often rule in favor of counties and typically punt such a case to the next level.” This certainly has been true for CSA as we have worked our way through the various levels of review of the County’s Critical Areas Ordinance .
On recommendations of both attorneys, CSA voted unanimously to take our case against San Juan County to the Washington State Court of Appeals. Our appeal was filed on July 23. Since then, the parties to the Appeal have been filing the required procedural briefs with the Court. At this time, we are anticipating a Fall 2015 Oral Argument before the Court and a decision in the Spring of 2016. The following is a list of the briefs filed:
Appellants' (CSA) Brief was filed with the Court of Appeals on November 5, 2014. Click on this link to read CSA's brief written by Sandy Mackie. Click on this link to see the Appendices to the brief.
Brief of Friends of the San Juans was filed Court of Appeals on November 20, 2014. Click on this link to read the FOSJ's brief.
CSA's Response to Brief of Appellant Friends filed with the Court of Appeals on January 5, 2015. Click on this link to read the CSA brief.
Friends' Response to Brief of CSA filed with the Court of Appeals on January 5, 2015. Click on this link to read the FOSJ brief.
Respondent San Juan County's Brief filed with the Court of Appeals on January 8, 2015. Click on this link to read the County's brief.
Pacific Legal Foundation filed Amicus Brief in support of CSA and Taggares on March 3, 2015. Click on this link to read PLF's brief.
Friends' Answer Amicus Brief of Pacific Legal Foundation on March 27, 2015. Click on this link to read PLF's Answer.
San Juan County's Response to Amicus Brief of Pacific Legal Foundation on March 27, 2015. Click on this link to read County's Answer.
Court of Appeals' Unpublished Opinion of August 10, 2015, affirming the Superior Court decision. Click on this link to read Opinion.
CSA Request for Reconsideration filed August 31, 2015. Click on this link to read Request.
Court of Appeal's Order Denying Reconsideration filed September 3, 2015. Click on this link to read Order.