County appeals Trail decision, claims Examiner didn’t have jurisdiction

March 15, 2016: Despite telling local press that it would not appeal a Sammamish Hearing Examiner’s decision on the East Lake Sammamish Trail development–a decision in which the County largely prevailed over staff-imposed conditions for the permit–the County filed an appeal with the State Shoreline Hearings Board.

The City previously filed an appeal over two decisions by the Hearing Examiner, which favored the County.

The full County appeal is here: KC Appeal ELST to State. Including the original Examiner’s decision, the PDF document is 88 pages.

Essentially, the County is asking the State Hearings Board to find not only did the Examiner not have jurisdiction, it’s also asking that all conditions imposed by the Staff be voided, just as it did when it appealed to the Hearing Examiner in the first place. (The Examiner had denied a motion from the City over his jurisdiction in the matter, thus last December’s full hearing. The County essentially seeks to relitigate the entire matter before the State.)

What happens with the negotiated settlements with the City on a number of issues? It appears the County once more seeks to vitiate even these negotiated agreements.

As with the original appeal to the City, the County asserts that the City not only did not have authority to imposed conditions contested, under Federal law, but it acted in arbitrary and capricious manners in each case.

The County also alleges the City acted in unconstitutionally and vague ways that render demands unenforceable.

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