08/14/2007: "CC May Take Second Look At Survey Policy"

Richard Durhack and Virginia Norgaard had their successful day in court when Whatcom County Judge Steven Mura Ruled Against CC On Land Division Appeal", stating that the County must look at the history of past surveys when determining the size of property.

The problem for Durhack and Norgaard started in May of 2006 when the three member council voted to use one method to determine land size for property tax purposes, and another method for permitting purposes. Councilman Lichter and Myhr voted for the two method system, and Councilman Ranker abstained, citing the need for additional information.

But Durhack and Norgaard may have their case discussed again by the full County Council. Based on comments and questions asked by some of the new members of the County Council, the whole issue may be looked at again.

At the Monday Council staff meeting , Councilman Rosenfeld said he was concerned on the impacts of using the modern GIS technology to overturn the past determinations of land size. “Can’t these people be grandfathered”? he asked. Deputy County Prosecutor Karen Vedder was attending the meeting. and responded that it was a council policy decision “made by the three member council”.

Councilman Rich Peterson turned to Rosenfeld and said “The full council can revisit this if they wish”. Vedder then reminded the Council that “we intend to go back to court with new information about a survey and ask the Court to reconsider… but regardless of how the Court decides, the Council can always decide what they want to do”.

Councilman Ranker said he had questions about it when they first voted on it, and he still had questions and fairness concerns, but pointed out that the use of GIS sometimes will show a parcel to be larger, and sometimes smaller, but that he is still in favor of discussing it further.

At the heart of the issue is that when the more accurate GIS system is used, some properties are shown to be smaller, and as a result cannot be divided. In the real world this has the potential of wiping out a large percentage of a property owners investment; in some cases resulting in losses of hundreds of thousands of dollars.

Councilman Bob Myhr was adamantly for the two system approach, having stated after the May 2006 council meeting that “The County has enough lots now, we don’t need any more.” For some of the Council members, and for former County Assessor Paul Dossett, who had brought the matter to the attention of the three member council, the question appears to be one of fairness.