JUDGE exits critical areas case in Clallam
Court responds to request by interested party
By Brian Gawley Peninsula Daily News
August 28, 2001
Port Angeles, WA---Judge Pro Tempore Gary Sund has recused himself from a lawsuit involving the county Critical Areas Ordinance.
Sund withdrew from hearing a motion by three environmental groups seeking to intervene in the case Friday after defendant Bob Forde alleged a conflict of interest exists.
Forde moved to have Sund removed because Sund is a former partner of Clallam County Prosecutor Chris Shea.
Since the county filed a lawsuit naming Forde as the defendant in Critical Areas Ordinance case, Forde said a conflict of interest exists and the case heard by an elected judge.
Sund granted Ford’s motion and the hearing ended abruptly.
Forde said he hopes the issue will be heard Sept, 7, the same day the actual lawsuit will be heard in Clallam County Superior Court.
The lawsuit seeks to have a ballot petition opposing the county critical areas ordinance declared unconstitutional.
Forde submitted the petition to Clallam County commissioners to have the county’s critical areas ordinance placed on the Nov. 6 ballot.
Initiative off ballot
But commissioners sued to keep the initiative off the ballot.
Two environmental groups, Protect the Peninsula’s Future and 1000 Friends of Washington, sought to intervene on the county’s side.
The Building Industry Association of Washington sought to intervene on behalf of Forde.
Forde says he is not opposed to a Critical Areas Ordinance but that people should be allowed to vote on repealing the current ordinance.In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]