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CITY OF REDMOND v. CENTRAL PUGET SOUND

No. 48814-7-1.

65 P.3d 337 (2003)

116 Wash.App. 48

CITY OF REDMOND, Appellant, v. CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD, STATE OF WASHINGTON; and Richard L. Grubb, Respondents, and Lake Washington Youth Soccer Association, Intervenor/Appellant, and Preserve Land for Agriculture Now, Intervenor/Respondent.

Court of Appeals of Washington, Division 1.

March 3, 2003.

Attorney(s) appearing for the Case

James Edward Haney, Ogden Murphy Wallace, Seattle, WA, Appellants, City of Redmond.

Sharon S. Eckholm, Asst. Atty. General, Olympia, WA, for Respondents, Central Puget Sound Growth Management Hearings Board.

Richard L. Grubb, Redmond, WA, pro se.

Glen Jay Amster, Herbert P. Sorg, Michael B. King, Lane Powell Spears Lubersky, Seattle, WA, for Intervenor/Appellant, Lake WA, Youth Soccer Assoc.

Peter J. Eglick, Jane S. Kiker, Helsell Fetterman LLP, Seattle, WA, for Intervenor/Respondent, Preserve Land for Agriculture Now.

Alan D. Copsey, Asst. Atty. General, Olympia, WA, for Amicus Curiae(s), WA Dept. State Dept. Comm. Trade & Econ.

Peter G. Ramels, Seattle, WA, for King County.

Hilary S. Franz, Johns Monroe Mitsunaga, Bainbridge Is., WA, for Upper Green Valley, Preservation Society.

ELLINGTON, J.

When reviewing a challenge to a zoning ordinance, a growth management hearings board must presume the ordinance valid, and the challenger has the burden of establishing otherwise. Here the Central Puget Sound Growth Management Hearings Board placed the burden on the City of Redmond to prove the validity of an ordinance designating property for urban recreational uses. The Board further erred by invalidating the...

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