WELLS v. WHATCOM COUNTY WATER DIST. NO. 10

No. 47262-3-I.

19 P.3d 453 (2001)

105 Wash.App. 143

Sherilyn WELLS and Watershed Defense Fund, Respondents/Cross-Appellants, v. WHATCOM COUNTY WATER DISTRICT NO. 10, Whatcom County and Sudden Valley Community Association, Appellants/Cross-Respondents.

Court of Appeals of Washington, Division 1.

March 5, 2001.


Attorney(s) appearing for the Case

Richard L. Settle, Foster Peppr & Shefelman, Seattle, Brian L. Hansen, Resick Hansen & Follis, Bellingham, for Whatcom County Water Dist.

Karen Frakes, Deputy Prosecuting Attorney, Bellingham, for Whatcom County.

Mark Lee, Bellingham, for Sudden Valley Community Ass'n.

Sherilyn Wells, Bellingham, pro se.

Roger Ellingson, Blaine, for Watershed Defense Fund.


AGID, C.J.

After a county hearing examiner approved a conditional use permit (CUP) for a sewer interceptor near Lake Whatcom, opponents of the project filed a land use petition in superior court. They raised numerous issues. Of those, the trial court agreed that the examiner erred by refusing to require a supplemental environmental impact statement (SEIS) before approving the CUP and by considering the vested rights of property owners and related constitutional takings...

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