09/12/2005: "Growth Board Sued In Local Court"

Bill Sherman, and 53 intervenors, have filed a lawsuit in SJC Superior Court against the GMB (Growth Management Board). Commissioner Kevin Ranker is identified in the lawsuit as one of the underlying parties in the case. Ranker was the Executive Officer of the Friends of the San Juans when the Friends appealed portions of the land use regulations in San Juan County that relate to guest houses (officially known as ADUs: freestanding accessory dwelling units) to the GMB. It was that appeal that started the seven years of additional appeals and legal actions that has put SJC and the GMB at odds, and resulted in last weeks move by Ranker and Commissioner Lichter to go against the advice of Prosecuting Attorney Gaylord and settle out of court with the Friends (related story) .

The suit contends the rulings of the GMB made as a result of the appeal by the Friends, and others, has "clouded the development rights of property owners, such as Mr. Sherman" The problem that Sherman and the other 53 named parties have, is the box that the GMB has put them in with respect to being able to construct a normal sized home if they have already built -up this point- a legal Guest House, and now wish to build a main house. As a result of the GMB rulings they are now told they cannot apply for a permit if they already have a house: the guest house. The suit contends that the past building permits issued by the County for the guest houses in question clearly indicated the guest house building as a guest house, and that the site plans for indicated there would be a main residence constructed at a later date.

The issue has since become more complex and difficult after a recent interpretation and a ruling by the Community Development and Planning department that the kitchen would have to removed from the guest house before the department would accept an application for a main house, since the absence of the kitchen would change the status of the "guest house" to something other than a residence. But if the County will not allow them to continue to live in the "guest" house while construction a new house, and then, for example, remove the kitchen from the guest house, thereby converting it to an accessory building or a sleeping room, this will force the property owners to move somewhere else while building their new house. (related column)

The suit asks the Court to find that the GMB order be found to be in "violation of constitutional provisions on its face or as applied…outside the Board's statutory authority or jurisdiction…engaged in an unlawful procedure or decision-making process.. erroneously interpreted or applied the law…order is not supported by substantial evidence… is inconsistent…and…is arbitrary or capricious".

While this is going on, the BOCC will move forward in working out the details with a settlement with the Friends outside of the County lawsuit. A lawsuit that the County may now never know if they would have -or have- won or not.