Facts: Respondent Whatcom County approved three development applications despite the refusal of the petitioner Whatcom County Fire District #21 to issue letters to the developers stating that adequate capacity to serve the proposed developments exists. Whatcom County Fire District #21 subsequently filed a petition in the Superior Court for Whatcom County that challenged the approvals pursuant to the Land Use Petition Act (Washington Revised Code §36.70C). The trial court reversed the approvals. Upon appeal, the Washington Court of Appeals reinstated the approvals, holding that Whatcom County’s comprehensive plan definitively establishes the availability and adequacy of fire protection for the proposed developments. Whatcom County Fire District #21 appealed this decision to the Supreme Court of Washington.
Question(s): Did Whatcom County err in approving the development applications absent letters issued by Whatcom County Fire District #21 stating that adequate capacity to serve the proposed developments exists?
Conclusion: Justice Owens’ opinion for the Court reversed the Washington Court of Appeals, concluding that insofar as Whatcom County Code §20.80.212 prohibits the approval of land uses such as those proposed without a letter from the relevant fire district stating that adequate capacity to serve the proposed development exists, Whatcom County’s approval of the development applications despite the refusal of Whatcom County Fire District #21 to issue such letters was a clearly erroneous application of the law to the facts for purposes of the Land Use Petition Act. Thus, the Court granted Whatcom County Fire District #21’s Land Use Petition Act petition.
Docket No. 83611-6 (from Court of Appeals Division I Case No. 61431-2)
Petitioner: Whatcom County Fire District #21
(Counsel: Philip Albert Talmadge and Jonathan Kolb Sitkin)
Respondent: Whatcom County
(Counsel: Karen Frakes, Thomas Gregory Greenan, and Philip James Buri)
Briefs:
Argument: Tuesday, January 18, 2011 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, May 5th, 2011
Prevailing Party: Whatcom County Fire District #21 (Petitioner)
Vote: 6-3
Citation: Pending
Court: Madsen2 Court (2011-)
Madsen
Johnson
Alexander
Chambers
(Dissent)
Owens
(Majority)
Fairhurst
Johnson
Stephens
Wiggins
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.