CAPR v. SAN JUAN COUNTY

No. 90500-2.

359 P.3d 753 (2015)

CITIZENS ALLIANCE FOR PROPERTY RIGHTS LEGAL FUND, a Washington nonprofit corporation, Petitioner, v. SAN JUAN COUNTY, a Washington municipal corporation, and San Juan County Critical Areas Ordinance/Shoreline Master Program Implementation Committee, a subcommittee of the San Juan County Council, and its Members Richard Fralick, Patty Miller, and Lovel Pratt, Respondents.

Supreme Court of Washington, En Banc.

Decided October 1, 2015.


Attorney(s) appearing for the Case

Dennis Dean Reynolds , Dennis D. Reynolds Law Office, Bainbridge Island, WA, Michele Lynn Earl-Hubbard , Allied Law Group LLC, Seattle, WA, for Petitioner.

Randall Keenan Gaylord , Amy Vira , San Juan County Prosecutor, Friday Harbor, WA, for Respondents.

Katherine George , Harrison-Benis LLP, Seattle, WA, amicus counsel for Allied Daily Newspapers.

Katherine George , Harrison-Benis LLP, Seattle, WA, amicus counsel for Washington COAlition for Open Government.

Nicholas Power , Attorney at Law, Friday Harbor, WA, amicus counsel for Island Guardian.

Steven L. Gross , Attorney at Law, Port Townsend, WA, Daniel Brian Heid , City of Auburn, Auburn, WA, amicus counsel for Washington State Association of Municipal Attorneys.

Julie Sund Nichols , Whitehouse & Nichols LLP, Shelton, WA, amicus counsel for Building Industry Association of Washington.

Brian Trevor Hodges , Pacific Legal Foundation, Ethan Blevins , Attorney at Law, Bellevue, WA, amicus counsel for Pacific Legal Foundation.

Alan D. Copsey , Office of the Attorney General, Solicitor General Division Attorney General, Attorney at Law, Olympia, WA, amicus counsel for State of Washington.


¶ 1 In this case, the Citizens Alliance for Property Rights Legal Fund (CAPR) seeks to invalidate several ordinances passed by the governing council of San Juan County (County), alleging violations of Washington's Open Public Meetings Act of 1971, chapter 42.30 RCW (OPMA). Specifically, CAPR asserts that four ordinances passed as...

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