Thurston County v. Cooper Point Ass'n

57 P.3d 1156
CourtWashington Supreme Court
DecidedNovember 21, 2002
Docket71746-0
StatusPublished
Cited by84 cases

This text of 57 P.3d 1156 (Thurston County v. Cooper Point Ass'n) 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
Thurston County v. Cooper Point Ass'n, 57 P.3d 1156 (Wash. 2002).

Opinion

57 P.3d 1156 (2002)

THURSTON COUNTY, a municipal corporation and subdivision of the State of Washington, Petitioner,
v.
The COOPER POINT ASSOCIATION, The League of Women Voters of Thurston County, Jolene Unsoeld, Michael Lynch, Tom Mumford, Lea Mitchell, Sylviann Frankus, and Western Washington Growth Management Hearings Board, Respondents.

No. 71746-0.

Supreme Court of Washington, En Banc.

November 21, 2002.

*1158 Christine Gregoire, Atty. Gen., Marjorie Smitch, Sharon Eckholm, Asst. Attys. Gen., for Petitioner.

Barnett Kalikow, Ed Holm, Thurston County Prosecutor, Jeffery Fancher, Deputy, Olympia, for Respondents.

Tim Trohimovich, Seattle, amicus curiae on behalf on 1000 Friends of Washington & Washington Environmental Council.

Kristopher Tefft, Olympia, amicus curiae on behalf of Building Industry Assoc. of Washington & Washington Assoc. of Realtors.

*1157 ALEXANDER, C.J.

We have been asked to review a decision of the Court of Appeals in which that court affirmed a Western Washington Growth Management Hearings Board (Board) determination that a proposal by Thurston County (County) to extend a sewer line from an urban sewage system to the rural Cooper Point area of Thurston County violates a provision in this state's Growth Management Act (GMA), RCW 36.70A.110(4). The principal issues before us are whether County's proposal is subject to development restrictions imposed by the aforementioned statutory provision and, if so, whether County has shown that its proposal is necessary to protect basic public health, safety and the environment. We answer the first question "yes" and the second "no" and conclude that the Board did not err in determining that County's proposal violates RCW 36.70A.110(4). Accordingly, we affirm the Court of Appeals.

I.

In 1995, County adopted its first comprehensive plan for local development as it was required to do by a provision in the GMA.[1] In its plan, County designated the northern portion of the Cooper Point area as "rural." This area lies within a narrow peninsula that extends northward roughly from the city limits of Olympia and the northern boundary of The Evergreen State College into an unincorporated area of Thurston County. The peninsula separates Budd Inlet on the east from Eld Inlet on the west. The area contains a number of residences, most of which *1159 lie along the shoreline of Budd and Eld Inlets. Except for two subdivisions which predate the GMA, Tamoshan with 89 residences and Beverly Beach with 22 residences, each of the 998 residences located in the rural Cooper Point area have individual septic systems for the collection and dispersal of their household sewage. Although 96 of the 998 septic systems have failed in the past, each failure was remedied by an on-site solution in an environmentally safe manner.

The more densely populated Tamoshan and Beverly Beach subdivisions each possess their own sewage system. These systems collect the sewage from all homes within the subdivision and treat it at a plant that is located within the subdivision. The effluent from each plant is then discharged into Puget Sound. The Beverly Beach treatment plant is homeowner-managed whereas County operates the Tamoshan plant in conjunction with a committee of homeowners that advises County on its management. Although both of these sewage treatment plants have outlasted their projected life, they currently operate in compliance with federal and state environmental standards.

As far back as 1992, County began working with the Cooper Point community to address future wastewater management concerns on Cooper Point. This process culminated in 1999 when County amended its comprehensive plan to include the Cooper Point Wastewater Facilities General Plan (Plan). The Plan enumerated five wastewater management alternatives for Tamoshan and Beverly Beach, to wit: (1) do nothing; (2) rebuild the Tamoshan plant further inland with the capacity to accommodate sewage from Tamoshan and Beverly Beach and adopt an enhanced septic system operation; (3) separate sewer service areas and develop an enhanced on-site septic operation and maintenance program; (4) construct a new limited capacity sewer line connecting the Tamoshan and Beverly Beach subdivisions to the sewer system of the Lacey, Olympia, Tumwater, and Thurston County Wastewater Management Partnership (LOTT); or (5) construct an extensive sewer system that would service the entire Cooper Point area.

Over the objection of numerous Cooper Point residents, County adopted the fourth option as its "preferred" alternative. Consequently, it planned to construct a four-inch sewer line to connect the sewage systems at Tamoshan and Beverly Beach with the LOTT sewage treatment system. It also planned to provide up to 100 future sewer hook-ups for existing outlying single-family homes in the event of individual septic system failures.

In February 2000, the Cooper Point Association, the League of Women Voters of Thurston County, and several individuals (Respondents) filed a petition with the Board claiming that the proposed sewer line violated the State Environmental Policy Act (chapter 43.21C RCW) (SEPA), and the GMA. Although the Board dismissed their SEPA claim, it concluded that County's proposal violated a portion of the GMA, RCW 36.70A.110(4), which prohibits governments from extending or expanding "urban governmental services" into "rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment." The Board ordered County to abandon its planned extension of sewer service from the LOTT system to Cooper Point. County appealed the Board's decision to Thurston County Superior Court, which transferred the matter to Division Two of the Court of Appeals.[2] The Court of Appeals affirmed the Board's decision.

We granted County's petition to review the decision of the Court of Appeals and thereafter extended amicus curiae status to 1000 Friends of Washington and the Washington Environmental Council, and the Building Industry Association of Washington and Washington Association of Realtors (BIAW).[3]

II.

When reviewing a decision of the Board, we apply the standards of chapter *1160 34.05 RCW, the Administrative Procedure Act (APA), and base our review upon the record made before the Board. City of Redmond v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 136 Wash.2d 38, 45, 959 P.2d 1091 (1998). Under the judicial review provision of the APA, the "burden of demonstrating the invalidity of [the Board's decision] is on the party asserting the invalidity." RCW 34.05.570(1)(a). The validity of that decision shall be determined in accordance with the standards of review provided in RCW 34.05.570. RCW 34.05.570

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Bluebook (online)
57 P.3d 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurston-county-v-cooper-point-assn-wash-2002.