Growth Management Hearings Board denies motion to invalidate ordinances approving Black Diamond developments
Published 5:13 pm Thursday, March 31, 2011
The latest in the legal game of leap frog surrounding master planned developments in Black Diamond came down on YarrowBay’s side.
The Growth Management Hearings Board denied a motion for reconsideration March 17 asking the three members to invalidate the ordinances approving The Villages and Lawson Hills. The members voted 2-1 to deny.
The motion was filed with the board by David Brickin, the attorney representing the Black Diamond group Toward Responsible Development.
Brian Ross, managing partner of YarrowBay, said the growth board ruling is “significant because the City Council can take comfort with continuing to accept and process implementing permits for the MPDs, including preliminary plats and (the) development agreements.”
The board had ruled Feb. 15 the process should be remanded back to the city for a public hearing before the planning commission with a recommendation presented to the City Council concerning the master planned developments.
The board did not invalidate the ordinances approving the two YarrowBay projects, which has caused considerable controversy for the city staff and City Council.
Some members of the public have asked the City Council to begin the process over. The ordinances were approved by the members in September 2010.
The board ruled the city should have used a legislative rather than a quasi-judicial process to allow more public direct participation with the planning commissioners and council members.
The ruling was appealed by Kirkland-based YarrowBay to superior court. Following the filing the parities agreed Toward Responsible Development would seek direct review of the board ruling to the court of appeals.
The direct review request was filed with the court of appeals March 17 and the next step is waiting for the court to rule whether to consider the case or let it work it though the lower court first.
If the court of appeals refuses to consider the ruling YarrowBay has a motion to consolidate the appeal of the board ruling with the land use protection act appeal filed by Toward Responsible Development against the developments.
In the March 17 growth board ruling denying the motion to reconsider invalidation, growth board member Raymond Paolella wrote a dissent stating invalidation should be considered because new information indicated “the GMA (Growth Management Act) compliance process will take far longer than expected and, in the meantime, there appears to be a “Race to the Courthouse….”
Bricklin said “we certainly think the dissenting opinion hit the nail on the head…. The good news is the City Council still has the ability to control this thing. The City Council can defer a decision on the development agreement.”
Bricklin said he believes the council has the authority to suspend the ordinances approving the developments.
