Dec. 22, 2006
Snohomish County Superior Court upholds King County clearing standards
Another court ruling was issued today upholding King County's land use regulations known as the Critical Areas Ordinances. Snohomish County Superior Court Judge Ronald L. Castleberry issued a summary judgment in favor of King County after a citizens group sued the county. The ruling comes one day after the State Supreme Court issued a decision that the county’s CAO is not subject to citizen referendum. (Read the state Supreme Court opinion.)
Today's ruling turned back a challenge of clearing standards King County adopted in order to protect critical areas. The clearing standards are designed to reduce flooding, protect groundwater supplies, and protect streams and wetlands. The decision was issued in the case of Citizens Alliance for Property Rights v. King County.
Judge Castleberry noted that the plaintiffs did not challenge the scientific basis of King County’s regulations. He found that King County supplied extensive information to support its conclusion that clearing limits were necessary to address the overall impact of clearing in rural areas.
"Judge Castleberry's decision recognizes the thoughtful approach King County undertook in working to protect rural areas," said King County Executive Ron Sims.
"These regulations benefit all property owners. They allow property owners many different ways to develop their property, but they also ensure that development is done responsibly and does not harm neighboring property owners. The recent flooding and storm events have shown us the potential risks," said Sims.
Additional resources:
- Citizens Alliance v. King County
- 1000 Friends of Wash. v. McFarland (external link to Washington State Supreme Court)
- Justices reject local vote on critical-areas rules (Seattle Times)
- High court upholds land-use rulings (Seattle Post-Intelligencer)
- State Supreme Court nixes referenda on land-use laws (King County Journal)