Despite loss, Wright’s Crossing not giving up

Wright’s Crossing LLC lost again in its effort to reverse a decision by the Island County commissioners.

The development group, however, isn’t giving up on legal challenges.

On March 15, a Skagit County Superior Court judge granted Island County’s motion to dismiss a complaint by Wright’s Crossing for statutory and constitutional writ of review and the alternative complaint for declaratory relief.

The judge ruled that the court has no jurisdiction over the matter and that the complaint fails to state a claim upon which relief can be granted.

The judge dismissed the case with prejudice, which means it cannot be refiled.

“We were very confident in our legal position,” Island County Prosecutor Greg Banks said in an email. “Judge (David) Svaren made the correct ruling: a superior court does not have jurisdiction to review the county commissioners’ docketing decisions.”

The Western Washington Growth Management Hearings Board dismissed a similar petition for review from Wright’s Crossing earlier this month.

Wright’s Crossing is seeking to have a proposed expansion of the city of Oak Harbor’s urban growth area, or UGA, considered on the county planning commission’s comprehensive plan docket for this year.

The county has jurisdiction over UGAs and the proposed expansion is necessary for a large-scale residential development to move ahead.

The commissioners voted to exclude the proposed UGA expansion from the docket. Its inclusion would require the county to do a buildable lands analysis; one completed in 2016 found there was enough vacant property within Oak Harbor’s UGA to allow for 20 years worth of growth.

Also, the state is coming out with new guidelines for the buildable lands analysis.

Dennis Reynolds, attorney for Wright’s Crossing, argues that new data showing an increase in population requires the county commissioners to open the docket to a UGA expansion and complete a new buildable lands analysis.

Reynolds said the development group is going to appeal the Skagit County judge’s decision to the state Appeals Court.

Reynolds said the judge was incorrect in ruling that the court doesn’t have jurisdiction over a constitutional issue.

Wright’s Crossing also asked the Growth Management Hearings Board to reconsider its decision.

If unsuccessful, the development group will appeal in superior court, Reynolds said.

Island County Commis-sioner Helen Price Johnson said in a statement that the board is pleased that the judge upheld the commissioners’ authority “to make a discretionary docketing decision in the best interests of the county.”

“Our docketing process was transparent and relied on public input,” she wrote. “The court’s decision will protect that process from unwarranted interference and threats of lawsuits.”

Banks said Chief Civil Deputy Prosecutor Lee Pence and Civil Deputy Prosecutor Sarah Doar have done “excellent work” defending the county against the two lawsuits, though the job isn’t done.