BRINNON — The attorney representing residents opposed to a 252.6-acre master-planned development at Black Point and Pleasant Harbor Marina improvements — the Brinnon Group — said Tuesday that he and his clients will consider appealing a Thurston County judge’s decision rendered Friday.
Thurston County Superior Court Judge Richard Hicks supported Jefferson County and Canadian developer Statesman Group in ruling the public and the Brinnon Group were granted ample time to participate in the Hood Canal development’s planning process.
Hicks, in his decision from the bench in Olympia, concluded that the Brinnon Group and the group’s attorney, Gerald Steel, had not met their burden of proof requirement under state law.
“Which is a convenient statement of proof when you don’t have sufficient time to evaluate,” Steel said.
“We’re going to wait for a written decision expected in a couple weeks, which starts a 30-day appeal clock,” Steel said, adding that he and his clients would then evaluate the decision and choose whether to take it to the state Court of Appeals for further review and a ruling.
Statesman proposes the Pleasant Harbor Marina and Golf Resort as an 890-unit master-planned development on 252.6 acres of Black Point south of Brinnon and farther south at adjoining Pleasant Harbor Marina.
The project’s most recent cost estimate was $300 million.
Sandy Mackie, attorney for Statesman Group, said the two basic questions before Hicks were whether Jefferson County followed proper public process and if the Brinnon Group was allowed the required opportunity to comment.
Two issues
“Judge Hicks agreed with the Growth Management Hearings Board” ruling in September that ample opportunity to comment was allowed through public hearings and written comments, Mackie said.
The second issue before Hicks fell under the State Environmental Policy Act and whether the county accounted for appropriate rules and guidelines during the process.
Hicks agreed the county followed that policy.
Jefferson County Prosecuting Attorney Juelie Dalzell praised Deputy Prosecuting Civil Attorney David Alvarez for his arguments before Hicks on Friday.
Alvarez announced the judge’s decision Monday in an e-mail, stating that judicial appeal of the Hearings Board decision found the ordinance approving the Brinnon master-planned resort to be compliant with the Growth Management Act.
“The county is very pleased that the judge understood the length and thoroughness of the public participation program that the county undertook before adopting this comprehensive plan,” Alvarez said, adding that three decision-makers have now rejected the arguments of the petitioners — the county commissioners, the Growth Management Hearings Board and Thurton County Superior Court.
The hearings board hears issues and makes decisions regarding challenges to and enforcement of the Growth Management Act.
The 1990 Growth Management Act was adopted because the state Legislature found that uncoordinated and unplanned growth posed a threat to the environment, sustainable economic development, and the quality of life in Washington state.
Jefferson County commissioners in February contracted Seattle consultants ESA Adolphson to complete a state environmental impact statement of the proposed resort.
Cost of the study – $75,684 — will be passed along to the Statesman Group.
The county commissioners in January 2008 rezoned the acreage from rural residential to master-planned resort with 30 conditions that the Canadian corporation must meet.
Financing
The only issue now could be the company obtaining financing for the development in a weak economy, Statesman representatives have said.
The company’s spokesman in Brinnon, Ian McFall, has said the project would add 280 jobs and inject about $2.5 million into Jefferson County’s tax coffers.
While residents in the tiny Hood Canal community who oppose the resort argue that it is too much development, Statesman Group representatives say the resort’s estimated assessed value upon completion would be $450 million, which could bring in $2.5 million in annual tax revenue for schools, roads and emergency services.
________
Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com
