GMHB closes Island Crossing case


February 24, 2009 · Updated 2:05 PM 

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City attorney Steve Peiffle reported at the Feb. 17 City Council meeting that the Growth Management Hearings Board discussed Arlington’s annexation of Island Crossing Feb. 12.

“They failed to notify me of the meeting, and then grumbled that I didn’t attend,” Peiffle told the Council.

The BRB forwarded their conclusions to Peiffle on Feb. 19.

The concluding document reports that Snohomish County was represented by John Moffat; Dwayne Lane was represented by Todd Nichols and Robert Beatty appeared for Futurewise. Henry Lippek appeared for the Stillaguamish Flood Control District and Dorthy E. Jaffe represented the state’s Community Trade and Economic Development, also appellants.

According to a copy of the Hearings Board decision, the 75-minute meeting reviewed the history of the case and concluded that Island Crossing has been annexed into Arlington and the case is closed.

The board determined its role was to decide whether the county had taken the appropriate steps to adjust its land-use map to reflect the state Supreme Court’s decision in the city of Arlington case.

While the county admitted that it had not adjusted its maps, it explained the efforts to stop Arlington’s annexation, relaying to the GMHB how the county had taken action to stop the city from annexing the area before it had changed its land-use map, and that the county’s Superior Court Judge Ellen Fair had stopped the effort.

The document reads: “Snohomish County asserts that the area is now within the city limits of Arlington and beyond the jurisdiction of the county and there is nothing for the County to do.”

The document also says that the Flood Control District urged the board to remand the matter back to the County because the area should remain rural, as did the petitioner Futurewise. CTED deferred to the Board’s decision.

The document concludes with a finding of compliance for Snohomish County, stating the decision is consistent with the opinion of the Supreme Court and the matter is closed.

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