Quadrant Corp. v. Central Puget Sound Growth Management Hearings Board

81 P.3d 918, 119 Wash. App. 562, 2003 Wash. App. LEXIS 3062
CourtCourt of Appeals of Washington
DecidedDecember 29, 2003
DocketNos. 50043-1-I; 50144-5-I; 50145-3-I
StatusPublished
Cited by9 cases

This text of 81 P.3d 918 (Quadrant Corp. v. Central Puget Sound Growth Management Hearings Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quadrant Corp. v. Central Puget Sound Growth Management Hearings Board, 81 P.3d 918, 119 Wash. App. 562, 2003 Wash. App. LEXIS 3062 (Wash. Ct. App. 2003).

Opinions

Baker, J.

These consolidated cases arise out of King County’s (County’s) designation of the Bear Creek area as an urban growth area (UGA) in the County’s growth management plan. The County also enacted an ordinance designating the property as a fully contained community (FCC). Friends of the Law (Friends) appealed both designations to the Central Puget Sound Growth Management Hearings Board (Board), which overturned the UGA, but upheld the FCC. The parties appealed to superior court, which reversed the Board on both holdings. The parties again appealed to this court. We review the Board’s decisions, without regard to the superior court rulings. Because the Board’s interpretations of the Growth Management Act (GMA)1 were reasonable and were supported by substantial evidence, we vacate the superior court’s judgment and affirm the Board’s decision.

I

This case concerns the future development of 2,500 acres of land (the Bear Creek island) situated between Redmond and Duvall in east King County. Much of the land surrounding this proposed development is rural, with the Redmond watershed abutting the proposed development to the west. Before the challenged county decisions, the property was designated as rural development. Quadrant, the owner of the property, wishes to develop the land in a comprehensive [566]*566manner by incorporating commercial, multifamily, and single family units on the site. This cannot be done with a “rural development” designation.2

In 1994, King County designated the Bear Creek island as a UGA. Friends appealed this decision to the Central Puget Sound Growth Management Hearings Board. The Board first affirmed the County’s designation, but on reconsideration reversed King County. The Board ruled that for the development to continue, the County either needed to provide proper justification for its UGA designation or redesignate the development as a fully contained community under RCW 36.70A.350.

Eventually, the parties appealed this decision to the Washington Supreme Court. The Supreme Court remanded “for a determination of whether the County has adequately complied with the terms of the Board’s Order on Reconsideration by justifying the Bear Creek urban designation under the terms of the GMA or by redesignating the area as an FCC.”3

On remand, the Board again determined that the Bear Creek island did not meet the statutory requirements for UGA designation because the property was not “already characterized by urban growth,” and not “adjacent to lands characterized by urban growth.” But the Board also concluded that the Bear Creek island satisfied the fully contained community designation enacted by the County following the Board’s earlier remand. All three parties have challenged portions of the Board’s order.

II

When reviewing an administrative decision, this court sits in the same position as the superior court, applying the standards found in the Administrative Proce[567]*567dure Act4 directly to the record before the agency.5 The standard of review for administrative orders is set forth in RCW 34.05.570(3). With respect to issues of law under RCW 34.05.570(3)(d), we apply a de novo standard, giving substantial weight to the Board’s interpretation of the statute it administers.6

While a reviewing court owes “deference to an agency interpretation of the law where the agency has specialized expertise in dealing with such issues,” the court is not bound by the agency’s conclusions of law.7 The burden of demonstrating that the Board erroneously interpreted or applied the law, or that the Board’s order is not supported by substantial evidence lies on the party asserting the error.8

The Growth Management Act

The legislature created the Growth Management Act to control urban sprawl and ensure that “ ‘citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning.’ ”9 The GMA requires that counties adopt a comprehensive growth management plan which, among other things, designates UGAs. UGAs are regions within which urban growth is encouraged and outside of which growth can occur only if it is not urban in nature.10 The GMA’s goals include reducing sprawl, encouraging develop[568]*568ment in areas already characterized by urban development, preserving open spaces and the environment, and encouraging availability of affordable housing.11

The GMA forbids growth that is “urban in nature” outside of the areas designated as UGAs.12 “[G]rowth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands” is not allowed in areas designated as rural.13

The GMA requires counties and cities to allocate land for urban growth based on population projections made by the Office of Financial Management.14 In addition, the GMA provides that UGAs may be located “outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community.”15

The Friends’ Appeal

Friends appeals the superior court’s conclusion that the Board must consider probable future development when determining the meaning of “already [is] characterized by urban growth.” Friends argues that this statutory language refers to growth already present, whereas King County and Quadrant argue that the phrase contemplates evolving development. They argue that permits already issued for future development must be considered when [569]*569determining if an area is “already characterized by urban growth.”

King County and Quadrant argue that because there will be development on the site, either as a traditional single family subdivision or as a planned unit development, the land is characterized by urban development. They point to the fact that the 1995 Urban Planned Development permit issued for this site authorized development of the entire site with 3,500 single family homes. But this permit was issued after the County’s 1994 urban growth area designation, so it cannot retroactively justify that UGA designation.

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Clallam County v. WESTERN WASH. GROWTH
121 P.3d 764 (Court of Appeals of Washington, 2005)
Quadrant Corp. v. Central Puget Sound Growth Management Hearings Board
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Quadrant Corp. v. STATE, GROWTH MANAGEMENT HEARINGS BD.
110 P.3d 1132 (Washington Supreme Court, 2005)
Quadrant Corp. v. STATE, GMHB
81 P.3d 918 (Court of Appeals of Washington, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
81 P.3d 918, 119 Wash. App. 562, 2003 Wash. App. LEXIS 3062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quadrant-corp-v-central-puget-sound-growth-management-hearings-board-washctapp-2003.