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CRSP. v. WHATCOM COUNTY

No. 63646-4-I.

230 P.3d 1074 (2010)

CITIZENS FOR RATIONAL SHORELINE PLANNING, a Washington Nonprofit Corporation, and Ronald T. Jepson, an individual, Appellants, and Building Industry Ass'n of Whatcom County, Intervenor-Plaintiff, v. WHATCOM COUNTY, a municipal corporation of the State of Washington, the Whatcom County Council, and the State of Washington, Department of Ecology, Respondents.

Court of Appeals of Washington, Division 1.

May 10, 2010.

Attorney(s) appearing for the Case

Peter Buck, The Buck Law Group, Matthew Stock, Skellenger Bender, Seattle, WA, for Appellants.

Charles Klinge, Samuel Rodabough, Groeen Stephens & Klinge LLP, Bellevue, WA, for Building Industry Association of WA.

Kelly Wood, Katharine Shirey, Olympia, WA, for WA State Department of Ecology.

Karen Frakes, Whatcom Co. Pros. Ofc., Royce Scott Buckingham, Whatcom County Prosc. Atty. Ofc., Bellingham, WA, for Whatcom County & Whatcom County Council.

DWYER, C.J.

¶ 1 At issue in this appeal from the superior court's CR 12(b)(6) order of dismissal is whether shoreline master programs (SMPs), developed pursuant to the Shoreline Management Act of 1971, chapter 90.58 RCW, are subject to RCW 82.02.020, which prohibits local governments from imposing direct or indirect taxes, fees, or charges on development. Because of the pervasive and necessary involvement of the state, through the Department of Ecology, in the...

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