Friends v. BOUNDARY REVIEW BD.

825 P.2d 300, 118 Wash. 2d 488
CourtWashington Supreme Court
DecidedFebruary 27, 1992
Docket57621-1
StatusPublished

This text of 825 P.2d 300 (Friends v. BOUNDARY REVIEW BD.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friends v. BOUNDARY REVIEW BD., 825 P.2d 300, 118 Wash. 2d 488 (Wash. 1992).

Opinion

118 Wn.2d 488 (1992)
825 P.2d 300

FRIENDS OF SNOQUALMIE VALLEY, ET AL, Appellants,
v.
KING COUNTY BOUNDARY REVIEW BOARD, ET AL, Respondents.

No. 57621-1.

The Supreme Court of Washington, En Banc.

February 27, 1992.

*489 J. Richard Aramburu, for appellants.

Robert C. Kaufman, for respondent Boundary Review Board.

Thomas, Whittington, Anderson, Bergan, Studebaker & Tuttle and Patrick B. Anderson (Peter L. Buck, Jay P. Derr, Madeleine A.F. Brenner and Buck & Gordon, of counsel), for respondent Snoqualmie.

Hillis Clark Martin & Peterson, P.S., by Jerome L. Hillis, Mark C. McPherson, and Lynne M. Cohee, for respondents Weyerhaeuser Real Estate Co., et al.

Perkins Coie, by Omar S. Parker, Jr., and R. Gerard Lutz, for respondents Puget Western, Inc., et al.

GUY, J.

Friends of Snoqualmie Valley and several property owners (appellants) appeal from a superior court judgment affirming the King County Boundary Review Board's approval of an annexation by the City of Snoqualmie. The appellants claim the annexation decision failed to achieve required statutory objectives. They also contend the Boundary Review Board's action was invalid, as it failed to comply with State Environmental Policy Act of 1971 (SEPA) requirements for the exercise of substantive agency authority. Respondents Snoqualmie Ridge Associates and Weyerhaeuser Real Estate Company cross-appeal, claiming the appellants lacked standing to appeal the Board's decision to the superior court. We hold for the respondents on the cross appeal and leave undisturbed the decision of the Boundary Review Board based on the appellants' lack of standing.

FACTS

The property concerned in this case is a large parcel of undeveloped King County land on the Lake Alice Plateau. *490 The land lies immediately northwest of the city of Snoqualmie. All the property is owned by the Weyerhaeuser Corporation. In 1984, Weyerhaeuser determined that because of encroaching residential development the property would be unsuitable for timber production over the coming 40-year cycle and transferred the property to the Weyerhaeuser Real Estate Company.

The Weyerhaeuser Real Estate Company formed Snoqualmie Ridge Associates in partnership with Potomac Investment Associates of Maryland, with the objective of developing the property into a mixed-use, planned community to be known as "Snoqualmie Ridge". The development plans envisioned a residential development, dispersed neighborhood retail businesses, business and office parks, two golf courses, and parks and open space.

In December 1986, Snoqualmie Ridge Associates (Associates) notified the City of Snoqualmie (the City) that it intended to petition the City to annex 2,200 acres of the property on Lake Alice Plateau. The City accepted this notice and directed Associates to begin the environmental review process and prepare a formal petition.

In March 1987, following public hearings and an environmental review, the City amended its comprehensive plan, designating a potential annexation area and subareas and adopting numerous annexation policies. The Snoqualmie Ridge area lies within the Lake Alice Plateau annexation subarea. To comply with the City's new annexation policies, Associates reduced the proposed annexation area to approximately 2,040 acres and prepared a master plan. In May 1988, the City issued a draft environmental impact statement on the proposed annexation and development, and Associates submitted its formal annexation petition and master plan. The City issued a final environmental impact statement in November 1988.

City staff then revised this master plan to incorporate mitigation measures identified in the environmental review *491 process. The staff presented its revised plan to the City Council and the City Planning Commission as a proposed amendment to the City's comprehensive plan, titled Subelement J.1. Over the next several months, the Planning Commission considered this plan, along with a proposal to zone the annexed area for mixed-use development. The City Planning Commission scaled back the master plan from 5,000 residential units to 3,700 units and eliminated all development that would have been visible from the Snoqualmie Falls viewing area, except a golf course.

When the matter came before the Snoqualmie City Council, the Council reduced the annexation area to 1,344 acres and further reduced the number of residential units to 2,000 in order to comply with the recently enacted King County Snoqualmie Valley Community Plan. The community plan was subject to a separate environmental review process and directed that new development in the Snoqualmie Valley take place within "rural activity centers" and adjacent "expansion areas". The plan designated the city of Snoqualmie as a rural activity center and included the Snoqualmie Ridge area within the City's expansion area. The plan approved of the annexation of 1,344 acres of Associates' land, but only on the condition that the City and Associates enter into an interlocal agreement with the County. On October 9, 1989, the City Council approved the annexation and mixed-use zoning.

Negotiations then followed over the interlocal agreement called for by the Snoqualmie Valley Community Plan. On November 17, 1989, while negotiations continued, the City filed with the King County Boundary Review Board its notice of intent to annex, as required by RCW 36.93.090.

On December 18, 1989, King County requested the King County Boundary Review Board to review the proposed annexation. RCW 36.93.100(2) allows a filing within 45 *492 days for boundary review board review of a notice of intent to annex by "[a]ny governmental unit affected, including ... the county within which the area of the proposed action is located". The Boundary Review Board accepted review of the annexation. Appellants, who had appeared throughout the various administrative proceedings in opposition to the annexation, also requested Boundary Review Board review pursuant to RCW 36.93.100(4) within the 45-day limit for filing requests for review. RCW 36.93.100(4) permits board review of a proposed annexation if a majority of the board concurs in a request for review by "five percent of the registered voters who deem themselves affected by the action and reside within one-quarter mile of the proposed action but not within the jurisdiction proposing the action." (None of the appellants lives within the area to be annexed, but they do live within one-quarter mile of the area. From a review of the record, it is not clear whether any of the appellants live within the city of Snoqualmie. If any did, this would mean they lived "within the jurisdiction proposing the action" and they would not be included among those permitted to request board review.)

On February 12, 1990, the City, King County, and Associates signed an interlocal agreement which imposed numerous restrictions and conditions on Associates' plans.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nisqually Delta Ass'n v. City of DuPont
627 P.2d 956 (Washington Supreme Court, 1981)
Glass v. Stahl Specialty Company
652 P.2d 948 (Washington Supreme Court, 1982)
Friends of Snoqualmie Valley v. King County Boundary Review Board
825 P.2d 300 (Washington Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
825 P.2d 300, 118 Wash. 2d 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-v-boundary-review-bd-wash-1992.