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FERRY COUNTY v. CONCERNED FRIENDS

No. 75493-4.

123 P.3d 102 (2005)

155 Wash.2d 824

FERRY COUNTY, Petitioner, v. CONCERNED FRIENDS OF FERRY COUNTY and Eastern Washington Growth Management Hearings Board, Respondents.

Supreme Court of Washington.

November 17, 2005.

Attorney(s) appearing for the Case

Stephen Thomas Graham, Attorney at Law, Republic, for Petitioner/Appellant.

Michael David Pierson, Megan Ellen McCloskey, Riddell Williams PS, Seattle, Martha Patricia Lantz, Attorney General's Office, Lic & Admin Law Div, Olympia, Megan Ellen McCloskey, Rafel Manville PLLC, Seattle, for Appellee/Respondent.

Sheila Deirdre Lynch, Alan D. Copsey, Thomas J. Young, Attorney General's Office, Olympia, for Amicus Curiae Washington Department of Community Trade and Economic Development, Washington Department of Fish and Wildlife and Washington State Department of Ecology.

En Banc.

FAIRHURST, J.

¶ 1 The Eastern Washington Growth Management Hearings Board (Board) found Ferry County noncompliant with the Growth Management Act (GMA), chapter 36.70A RCW. Specifically, the Board found that Ferry County failed to demonstrate inclusion of best available science (BAS) in listing only two species as endangered, threatened, or sensitive (ETS) in its critical areas ordinance. We hold that substantial evidence supports the Board's finding and affirm...

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