City opts to not file land use petition; legal appeal through growth management board still an option

By Melanie Lockhart of the Leader
Posted 1/3/10

In what was deemed an act of “good faith” on Monday night, Port Townsend City Council members took no action toward filing a land use petition against Jefferson County in regards to a Dec. 15 …

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City opts to not file land use petition; legal appeal through growth management board still an option

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In what was deemed an act of “good faith” on Monday night, Port Townsend City Council members took no action toward filing a land use petition against Jefferson County in regards to a Dec. 15 decision to rezone land next to Jefferson County International Airport.

The council scheduled the Jan. 4 special meeting to address taking possible legal action against the county. The city’s deadline for filing a land use petition – in accordance with Washington’s Land Use Petition Act – in Superior Court is Jan. 5.

During the lengthy meeting, council members were met with much opposition and no support from 25 county residents, most of who live outside the city limits. Council instead voted unanimously to invite the Board of County Commissioners and Port of Port Townsend commissioners to join the city in a Joint Growth Management Steering Committee meeting within two weeks, trusting that the agencies could move forward with collaboration efforts specifically involving land use at the airport property.

“Somebody has to put some trust on the table and maybe that should be us,” said councilor David King.

The decision to not file a land use petition does not necessarily prohibit the council from appealing the county’s rezone decision. The city has 60 days (until Feb. 13) to file an appeal with the Growth Management Hearings Board if the council chooses.

The city was advised by its legal counsel to file a land use petition “to preserve appeal options or risk having the appeal challenged,” according to a Dec. 29 memorandum addressed from Mayor Michelle Sandoval to City Manager David Timmons. If the city decides to appeal through the Growth Management Board, the port and county could potentially argue that the proper course of legal action was through Superior Court, said city attorney John Watts. He said that such an argument is unlikely, but could lead to an appeal being dismissed.

Such an argument “would be a sign of bad faith,” said councilor George Randels.

County Administrator Philip Morley and commissioner Phil Johnson spoke on behalf of the county, urging the council not to vote in favor of filing the petition. Morley asked the city to “refrain from litigating,” claiming that an appeal could put the county and city at odds. The agencies should “show the citizens that we can walk the talk of collaboration,” Morley said.

“If we can give peace a chance, I will be happy to work with you,” he added.

No representatives spoke on behalf of the port, which owns the airport land.

(Look for a more detailed story in the Jan. 6 edition of The Leader.)