Toward Responsible Development to appeal LUPA decision of YarrowBay master planned developments

Seattle attorney David Bricklin stated through an email that Toward Responsible Development will appeal the Superior Court ruling denying the Land Use Petition Act appeal filed by the Black Diamond group.

Bricklin wrote in his email, "We believe that Judge Oishi’s decision was erroneous for several reasons…. Judge Oishi was not required to explain his decision, but the absence of any explanation or analysis leaves the decision with little intellectual or persuasive force. It doesn't serve to persuade the citizens that they were wrong to challenge the city's decision. It doesn't serve to persuade the citizens that a further appeal would be in vain. It assures that his decision will have no persuasive impact on the Court of Appeals."

Superior Court Judge Oishi wrote in his Aug. 27 ruling, "TRD's Land Use Petition fails to meet the standards set forth in RCW 36.70C.130(1) for granting relief."

He stated in the decision "The Court has not been left with a definite and firm conviction that a mistake has been committed, which is required in order to grant relief under this standard of review."

TRD  appealed the permits approving YarrowBay's The Villages and Lawson Hills developments in October of 2010. The developments would add more than 6,000 homes with commercial, parks and schools to the community, which has a current population of 4,160. It is estimated on the city website the population could increase to more than 20,000 over 20 years.

Read ruling: Finds of fact, conclusions of law and order denying land use petition


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