Decisions handed down on YarrowBay LUPA appeal and other issues regarding Black Diamond master planned developments

A handful of legal decisions were issued recently related to YarrowBay’s master planned developments in Black Diamond, The Villages and Lawson Hills.

Superior Court Judge Patrick Oishi granted a YarowBay motion to dismiss the appeal of the development agreements for the developments Dec. 5.

In the court documents Oishi wrote that the petitioners, Toward Responsible Development, missed three court ordered deadlines — Oct. 10, Nov. 2 and Nov. 26 — to pay the city’s cost for preparing the record.

In the conclusions Oishi wrote, “TRD in its response to the third motion (to dismiss by YarrowBay), concedes that dismissal is warranted to allow issues to be resolved by the Court of Appeals.”

TRD can appeal the dismissal to the Court of Appeals.

Still pending before the Court of Appeals is the Land Use Petition Act, or LUPA, appeal of the master planned development permits.

Oishi ruled in favor of the city and YarrowBay in August dismissing the LUPA appeal petition.

The ruling was appealed by TRD to the Court of Appeals. A hearing date has not been set, but TRD’s opening brief is due Jan. 10.

In another legal decision regarding the developments, the city’s hearing examiner issued a recommendation of approval on YarrowBay’s preliminary plat. A plat is a map which shows the divisions of a piece of land shown to scale.

According to a release from YarrowBay, the plat includes “782 residences, 190,000 square feet of commercial development, two large parks, trails, open space and one elementary school site for the Enumclaw School District. The plat is designed to accommodate single family, multi-family, commercial, retail and school uses.”


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