[Capr-announce] CAPR News November, 2006

[Jeff Wright]

CAPR  News                     November, 2006


THE MONTHLY NEWSLETTER FOR CITIZENS’ ALLIANCE FOR PROPERTY RIGHTS


Pacific Legal Foundation Requests Summary Judgment in CAO Case

On November 17, 2006, Pacific Legal Foundation (PLF) moved for a Summary
Judgment to have Section 14 of King Co. Ordinance 15053 invalidated.
Ordinance 15053 is more commonly known as the Clearing and Grading Ordinance
and Section 14 is the infamous rule that requires rural property owners to
leave 50% or 65% of their undeveloped property in its’ native state.  The
motion was heard by Judge Ronald Castleberry in Snohomish Co. Superior Court
and a decision is expected soon.  Should the motion be denied, the case will
then proceed to a full trial.

Some history.  Very shortly after the King Co. Council approved the
so-called Critical Areas Ordinances in 2004, PLF filed “facial complaints”
against several sections of the ordinances.  A facial complaint contends
that a law or rule is illegal on the face of it and should be struck down
before harm is done.  This versus a typical lawsuit where the plaintiff
requests justice after the damage has been done.  In legal wrangling since,
King Co. has managed to get everything except the Section 14 complaint
tossed out.

King County’s defense appears to be based on two points.  The first is a
long-winded history of the County’s environmental protection adventures.
This house of cards states that after piling rules upon more rules, the
County had no choice but to pass the CAO.   The County’s second contention
is that the Growth Management Act trumps everything.  Including GMA itself,
one would surmise.  Let’s hope that the County’s effluent is deep enough
that it insults Judge Castleberry’s intelligence.


D.D.E.S. Whacked!  (with a feather)

In other legal proceedings, Snohomish Co. Superior Court Judge James
Allendoerfer has ruled in a class action lawsuit brought against King Co.
Department of Development and Environmental Sciences (DDES).  This long
running case started several years ago when several contractors alleged that
DDES was overcharging for permits.  The case was filed on a pro bono basis
by “white hat” land-use attorney Bill Williamson.  In an earlier decision,
Judge Allendoerfer ruled that some DDES actions were indeed illegal and
required that partial refunds be given to past permit holders.  The judge
told DDES to knock it off and clean up its’ act.

So, did DDES comply?  In the immortal words of Gomer Pyle, “Surprise,
surprise, surprise!”  DDES fiddled around with its’ policies but essentially
kept right on going.  Within two years, Williamson was back in court with a
similar batch of complaints.  Judge Allendoerfer has again ruled that
certain policies must be changed.  He has mandated a number of significant
changes.  However, the one that points to the level of the County’s abuses
is that DDES can no longer charge permit applicants to help fund the King
Co. Council and the Prosecutor’s Office!

The Court retains “limited jurisdiction over this case to facilitate review
and enforcement of Defendants’ compliance with the foregoing orders.”  So,
does this mean that the Director of DDES will be held in contempt the next
time?  Or just get another spanking with a nerf paddle?


Keep Selling the I-933 Concept

This may be a sore subject, but if you’re reading this you obviously didn’t
commit suicide after I-933 went down to defeat.  There will be a short
window of time here when explaining to the naïve why I-933 was the right
thing to do might educate a few folks.  Use it!


CAPR Meeting Schedule

The next general membership meeting will be held at 7:00 PM, Thursday,
December 7th.  The meeting site is the IHOP restaurant located at 1433 NW
Sammamish Rd. in Issaquah.  Consider coming early for dinner and
conversation.


Support the Cause!

As a volunteer organization, CAPR depends on our supporters and Board to get
things done.  If you have time to donate, please contact us.  If you would
like to make a financial contribution, you can do so with this link:
http://www.proprights.org/donate.htm


Jeff Wright
Secretary, CAPR
E-mail:              jeff at proprights.org <mailto:jeff at proprights.org>
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