Local governments usually win in GMA lawsuits

Bellingham, WA - Local government usually comes out the winner in appeals of Growth Board decisions, a study has revealed.

The Growth Management Act (GMA) has been in effect in Washington for only a few years, and many of their decisions have been appealed to court. Of all the final decisions made by the three Grown Management Hearings Boards, sixteen have been appealed to Superior Court, and a small number of those decisions went on to appeals court. A survey of final decisions in those 16 cases shows that local government has prevailed 62.5 percent of the time, or in 10 of the 16 cases.

A claim made earlier this year by the Whatcom County League of Women Voters, that the Growth Boards had won 31 out of 34 cases that went to court, is not supported by the documentation, according to Michael and Jean Freestone of Bellingham. They asked the Attorney General of Washington for copies of all orders in growth board cases appealed to court. When the AG's office expressed reluctance to provide copies, the Freestones filed a Public Records request, which was complied with by the AG's office.

The survey was conducted to determine not whether the hearings boards prevailed in these appeals, but whether local government positions were upheld or overturned. In some instances, local government appealed a ruling it believed the board made in error. In other cases, the board approved a county plan and that was appealed by someone else. Many so-called environmental groups regularly appeal county comprehensive plans with grant funding from the Seattle Bullitt Foundation. Counties have prevailed in a majority of those appeals as well.

The cases range between 1994 and November 1997, and represent the entire history of the Growth Management Act and appeals since its inception. Also included with the materials sent by the Attorney General were dozens of procedural rulings not included in the totals.