Facts: Petitioner Gold Star Resorts, Inc. sought review in the Superior Court for Whatcom County of a decision by the Western Washington Growth Management Hearings Board requiring Whatcom County to revise its comprehensive plan with regard to rural development and rural density to comply with amendments to the Growth Management Act (Washington Revised Code §36.70A). The trial court ruled that the board had erred in mandating that the county revise its comprehensive plan insofar as counties are not required to continually revise comprehensive plans to comply with subsequent amendments to the Growth Management Act, the validity of the contested provisions of the plan had been affirmed in previous litigation, and the board had erroneously interpreted the Growth Management Act as establishing a bright line rule of one residence per five acres in rural areas. Upon appeal, the Washington Court of Appeals reversed the trial court’s decision and affirmed the board’s decision requiring that the county amend its comprehensive plan. Gold Star Resorts appealed this decision to the Supreme Court of Washington.

Question(s): May a county be required to revise a comprehensive plan to comply with amendments to the Growth Management Act enacted subsequent to the comprehensive plan?

If so, was the issue of rural densities res judicata?

If not, do the amendments to the Growth Management Act create a bright line rule limiting rural density to one residence per five acres?

Conclusion: Justice Madsen’s opinion for a unanimous Court held that litigants may challenge a county’s failure to revise its comprehensive plan to comply with new Growth Management Act requirements and that the issue of the compliance of Whatcom County’s comprehensive plan with Growth Management Act’s requirements with regard to rural densities had not been resolved in previous litigation. However, the Court also concluded that the Western Washington Growth Management Hearings Board had erroneously interpreted the Growth Management Act as creating a bright line rule of one residence per five acres and therefore reversed the Washington Court of Appeals and remanded the case to the board.

Docket No. 80810-4 (from Court of Appeals Division I Case No. 58379-4)

Petitioner: Gold Star Resorts, Inc.

(Counsel: John C. Belcher)

Respondent: Futurewise

(Counsel: Kenneth Lederman, Tim Trohimovich, and Keith Patrick Scully)

Briefs:

Argument: Tuesday, September 22, 2009 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, December 17th, 2009

Prevailing Party: Gold Star Resorts, Inc. (Petitioner)

Vote: 9-0

Citation: Pending

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen
(Majority)

Sanders

Chambers

Owens

Fairhurst

Johnson

Stephens