Dear Glenrose
Association Members and Residents:
As
most of you will recall our Spokane County Commissioners approved
a 4125 acre expansion of the Urban Growth Area (UGA) in July of
2013. This expansion was of great concern to the Glenrose
Association since it would allow the county to rezone several
parcels of rural land in Glenrose, zoned Urban Reserve to Low
Density Residential (LDR). This move would pave the way for the
elimination of these open landscapes, and their conversion to
residential subdivisions. This attempt to rezone large areas of
Glenrose to LDR was in direct contrast to TGA’s mission, which in
part is to preserve the rural open spaces in Glenrose for the
benefit of current and future generations.
The
Glenrose Association (TGA) along with many other organizations and
individuals throughout Spokane County opposed this expansion,
since we felt it was unlawful, in part due to the counties
adoption of a bogus population projection. The Glenrose
Association joined a legal challenge in the summer of 2013 with a
number of these organizations, including Futurewise, to seek
invalidation of the commissioner’s approved expansion. We felt
this expansion was in clear violation of Washington State’s Growth
Management Act. We appealed the commissioner’s decision to
Washington State’s Growth Management Hearings Board (GMHB). In
November 2013 the GMHB invalidated the commissioner’s
expansion. Shortly afterwards Spokane County appealed this
decision to the Washington State Court of Appeals (WSCA).
The
appeals process through the WSCA has run its’ course and on
June
18th 2015, the court upheld the invalidation of
Spokane County Commissioner’s decision to expand the UGA. Since
then we have been expecting Spokane County to appeal this decision
to the Washington State Supreme Court. I’m very happy to report
that
last Friday we were informed that no appeal was filed
during the appeal window, and the WSCA decision is now mandated.
We and our partners have won this challenge and are hopeful it has
sent a strong message to the commissioners! We believe this is a
big win for the future of Glenrose, Spokane County and the future
preservation of our rural lands!
Please see the correspondence I pasted below
from our outstanding attorney Tim Trohimovich, weighing in on this
new court decision. Also I attached a link to a Spokesman review
story on the subject
http://www.spokesman.com/stories/2015/jun/24/spokane-county-commissioners-lose-growth-boundary/
and attachments with the court decision. Last but not least please
know that Tim, his colleagues at Futurewise including Kitty
Klitzke and local attorney Rick Eichstaedt are responsible for
doing most of the heavy lifting on this legal challenge. We thank
them for their efforts on our behalf and feel very fortunate to
have been able to partner with them on this important issue.
Finally, let us not be lulled into complacency as the war is far
from over, since the forces that continue to target Glenrose for
high density development continue to push hard against us. There
will be more battles to fight, as we move forward in our efforts
to protect and preserve our open spaces in Glenrose. Please
consider getting involved with TGA as we need all hands on deck to
enable us to continue to make a difference.
Thanks for your continued support:
Richard Brooke
President
The Glenrose Association
7-31-15
Kitty and Richard:
Enclosed please find a copy of the mandate issued by the Court of
Appeals in the Spokane County urban growth area expansion appeal.
As you remember the Growth Management Hearings Board granted our
motion and concluded that the county’s adoption of a new, higher
population projection without notice to the public and an
opportunity to comment violated the Growth Management Act (GMA).
The county appealed that Board decision. Last month the Court of
Appeals affirmed the Board’s decision in an opinion I sent you
earlier. The mandate, enclosed, is a legal document that signifies
that no appeals were filed and so the court of appeals decision is
now final. So we have won that round.
This morning the Court of Appeals upheld our Growth
Management Hearings Board win where the board decided that Spokane
County violated the Growth Management Act when it increased its
population projection without notice to the public and an
opportunity for the public to comment in a failed attempt to
justify its 4,125 acre urban growth area expansions. A copy of the
decision is enclosed. Here is a short summary, which is hopefully
suitable for our website and Facebook page.
Washington State
Court of Appeals affirms decision finding Spokane County
population projection increase violated the GMA
On
June
18, 2015, the court of appeals, Washington’s second highest
court, agreed that the Growth Management Hearings Board correctly
concluded that Spokane County violated the Growth Management Act
when the county increased its planned 20-year population growth
projection from 113,541 to 121,112 people without any notice to
the public and without any opportunity for the public to comment.
As the court noted, the county adopted this secret population
increase in an attempt to justify 4,125 acres of unnecessary urban
growth area expansions. Not only are the expansions unneeded, the
county has also not prepared a plan to pay for the roads, water
systems, sewer systems, and schools to serve the urban growth area
expansions. So Washington State and Spokane County taxpayers will
be left holding the bag for these unnecessary expansions.
Futurewise was joined in the appeal of the unnecessary urban
growth area expansions by the State of Washington Department of
Commerce, the Washington State Department of Transportation, the
Glenrose Association, and many other local partners. You can find
the decision on the Washington State Courts website at:
http://www.courts.wa.gov/opinions/pdf/322408.pub.pdf
Tim Trohimovich,
AICP
Futurewise │ Director of Planning & Law
816 Second Avenue, Suite 200 │ Seattle, Washington 98104
p.
206.343.0681 Ext. 118
Email:
tim@futurewise.org
Attached Files:
Public Opinion PDF
Court of Appeals PDF
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