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WELLS v. WESTERN WASHINGTON GROWTH MGMT.

Nos. 43028-9-I, 43397-1-I.

997 P.2d 405 (2000)

100 Wash.App. 657

Sherilyn WELLS, Appellant, v. WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD; Respondent, and Sudden Valley Community Association; Birch Bay Water & Sewer District; Whatcom County Water & Sewer District No. 13; Whatcom County; and Nathan Kronenberg and Phyllis Kronenberg, Respondents. Whatcom County; Birch Bay Water & Sewer District; and Whatcom County Water & Sewer District No. 13, Respondents, v. Western Washington Growth Management Hearings Board; Lee Denke and Barbara Denke; Whatcom Sand and Gravel Association; City of Blaine; Whatcom County Water District No. 10; Sudden Valley Community Association; Trillium Corporation; Semiahmoo Company; and City of Bellingham, Respondents, and Sherilyn Wells and Nathan Kronenberg; Appellants, and State of Washington, Respondent/Cross Appellant.

Court of Appeals of Washington, Division 1.

April 10, 2000.

Attorney(s) appearing for the Case

Sherilynn Wells, Bellingham, Pro se.

Marjorie A. Smitch, Office of Attorney General, Olympia, Mark J. Lee, Robert M. Tull, Langabeer Tull & Cullier, Robert A. Carmichael, Karen Frakes, Whatcom Deputy Prosecuting Attorney, Bellingham, Matthew B. Edwards, Alexander W. Mackie, Owens Davies Mackie, Olympia, Roger L. Ellingson, Blaine, Melody B. McCutcheon, Seattle, for Respondents.

GROSSE, J.

In this action brought under the Growth Management Act, RCW 36.70A (GMA), we must decide three issues which we resolve as follows: First, the GMA provides that a comprehensive plan and development regulations are presumptively valid upon adoption. This presumption applies even though Whatcom County had previously gotten a declaration from the Western Washington Growth Management Hearings Board declaring certain...

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