SWINOMISH INDIAN v. WESTERN WASHINGTON

No. 76339-9.

166 P.3d 1198 (2007)

SWINOMISH INDIAN TRIBAL COMMUNITY and Washington Environmental Council, Petitioners, v. WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD; Skagit County, a municipal corporation of the State of Washington; Skagit County Farm Bureau; Skagitonians to Preserve Farmland; Western Washington Agricultural Association; Skagit County Diking District No. 3; Skagit County Diking District No. 12; Skagit County Drainage District No. 17; and Skagit County Consolidated Diking District No. 22, Respondents. Skagit County, a municipal corporation of the State of Washington; Skagit County Farm Bureau; Skagitonians to Preserve Farmland; Western Washington Agricultural Association; Skagit County Diking District No. 3; Skagit County Diking District No. 12; Skagit County Drainage District No. 17; and Skagit County Consolidated Diking District No. 22, Petitioners, v. Western Washington Growth Management Hearings Board, Swinomish Indian Tribal Community, and Washington Environmental Council, Respondents.

Supreme Court of Washington, En Banc.

Decided September 13, 2007.


Attorney(s) appearing for the Case

Alix Foster, Ofc. of Tribal Atty., La Conner, WA, David Alan Bricklin, Bricklin Newman Dold LLP, Seattle, WA, Hilary S. Franz, Hilary S. Franz Attorney at Law, Bainbridge Island, WA, for Petitioners.

Sheila Deirdre Lynch, Ofc. of Attorney General, Martha Patricia Lantz, Offc. of Atty. Gen. Lic. & Admin. Law Div., Larry Dean Stout, Attorney at Law, Olympia, WA, Russell Clayton Brooks, Brian Trevor Hodges, Pacific Legal Foundation, Bellevue, WA, Amanda Jones Johnson, Attorney at Law, La Conner, WA, Gary T. Jones, Jones & Smith, Don Le Roy Anderson, Skagit County Pros. Atty. Office, Mount Vernon, WA, Peter L. Buck, The Buck Law Group, Jay Palmer Derr, Tadas A. Kisielius, Samuel Wilmore Plauche, GordonDerr LLP, Seattle, WA, for Respondents.

Clare Melissa Gilbert, Snohomish County Public Defender's Assoc., Everett, WA, John D. Echeverria, Robert Dreher, Georgetown University Law Center, Washington, DC, for Amicus Curiae on behalf of Washington Trout, Amicus Curiae on behalf of Pacific Coast Federation of Fishermen's Associations, Amicus Curiae on behalf of Institute for Fisheries Resources.

Jason Jerome Cummings, Civil Div. Snohomish County Prosecutor's, Everett, WA, for Amicus Curiae on behalf of Snohomish County.

Toby Thaler, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of James Karr Ray White Dave Montgomery Kai Lee Stephen Ralph.

Richard Jameson Langabeer, Robert Michael Tull, Langabeer & Tull PS, Bellingham, WA, for Amicus Curiae on behalf of Fish and Farms.


ALEXANDER, C.J.

¶ 1 In this consolidated appeal, we review two separate decisions by the Western Washington Growth Management Hearings Board (Board). Both decisions concern Skagit County's efforts to comply with the critical areas provisions of the Growth Management Act (GMA). In the first decision, Swinomish Indian Tribal Community v. Skagit County, No. 02-2-0012c, 2003 GMHB LEXIS 73 (W. Wash. Growth Mgmt. Hr'gs Bd. (WWGMHB) Dec. 8, 2003) (hereinafter...

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