08/24/2006: "Appeals & Court Action Likely On ADUs"

Citing concerns about the recent ruling by the Growth Management Board (GMB), and the decision by the County Council (CC) to attempt to withdraw the County appeal in the Court of Appeals (Previous story) , some of those impacted by the recent actions told the Island Guardian that they do not plan to just shake their collective heads and give up on their plans and dreams.

Peg Manning of Orcas Island is one of those impacted by both actions, and she stated that the CC action to withdraw the appeal had been anticipated, and that she and others will "file a Superior Court appeal from the Board decision last Friday" and will oppose the dismissal of the case at the Court of Appeals. An interesting aspect of the case is the interest that some other counties have shown in the outcome of the SJ appeals case, hoping that if, and when, the Court of Appeals ruled, it would also give them some guidance in which way to go with their own regulations. If the recent decision by the SJ Council to ask the Court to not rule on the appeal is agreed to by the Court, that guidance will not be forth coming -at least not in this case.

Manning believes that the "only way for overwhelming majority of homeowners to get relief is through the longstanding Court of Appeals case; very few people can qualify under the overly restrictive new ordinance or vesting ordinance, not to mention the new "stealth" policies issued without discussion by the Planning Department".

As for the GMB ruling last Friday on the so-called "Vesting Ordinance", Manning and others plan to continue that fight as well. Originally a hearing was scheduled by the Board in October to hear arguments from those who have, or will, appeal the Ordinance, but that date has now been moved up to January the 5th.

The later date may have some effect on the Court of Appeals deciding if they will simply drop the County appeal, as requested by the CC, or decide that by going forward and releasing a ruling, it may have State wide significance in giving guidance to not only San Juan County, but also to other state governments, now and in the future.

In the mean time, both sides are gearing up for argument in the Courts, and before the Growth Management Board.