Facts:  Petitioner Kittitas County appealed the respondent Eastern Washington Growth Management Hearings Board’s decision that updates to the county’s comprehensive plan fail to comply with the requirements of the Growth Management Act (Washington Revised Code §36.70A), asserting that the board misinterpreted the law and acted arbitrarily, capriciously, and without substantial evidence in making its findings regarding rural and agricultural densities and uses, zoning techniques, land use near airports, and water resources.  The Washington Court of Appeals certified the case to the Supreme Court of Washington.

Question(s):  Did the board properly find that updates to Kittitas County’s comprehensive plan fail to comply with the requirements of the Growth Management Act?

Conclusion:  Justice Owens’ opinion for the Court affirmed in part and reversed in part the board’s decision, concluding that the board did not improperly disregard evidence presented by Kittitas County insofar as the evidence presented was not dispositive of the issues raised, that the board properly found that Kittitas County failed to develop a written record explaining the rural element of its updated comprehensive plan, and that the board properly found that the updated comprehensive plan fails to protect rural character in rural areas, fails to provide for a variety of densities, allows impermissible uses in a designated agricultural area, and fails to protect water resources.  However, the Court also held that the board improperly found that the updated comprehensive plan’s airport zone is non-compliant with the Growth Management Act.

Docket No. 84187-0 (from Kittitas Case No. 07-2-00549-1)

Petitioner: Kittitas County

(Counsel: Alexander Weal Mackie, Patrick W. Ryan, Eric S. Merrifield, Timothy M. Harris, Julie Sund Nichols, Neil Alan Caulkins, Suzanne Michelle Becker, and Jeffrey David Slothower )

Respondent: Eastern Washington Growth Management Hearings Board

(Counsel: Keith Patrick Scully, Tim Trohimovich, Alan D. Copsey, Dorothy Harris Jaffe, and Marc Worthy)

Briefs:

Argument: Tuesday, October 19, 2010 10:00am

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

Decided: Thursday, July 28th, 2011

Prevailing Party: Eastern Washington Growth Management Hearings Board (Respondent)

Vote: 7-2

Citation: Pending

Court: Madsen1 Court (2010-2011)

Madsen

Johnson

Alexander

Sanders

Chambers
(Partial)

Owens
(Majority)

Fairhurst

Johnson
(Dissent)

Stephens