By Scott Hamilton
July 25, 2019: Former Mayor Don Gerend’s lawyer in his challenge of Sammamish’s
recently adopted concurrency ordinance is a partner in Johns Monroe Mitsunaga Koloušková PLLC of Bellevue, a firm that often represents the Master Builders Association and developers in land use appeals.
Duana Koloušková, the attorney of record in Gerend’s petition to the Growth Management Hearings Board (GMHB), has represented developers that build in Sammamish. This includes Murray Franklyn, Polygon Northwest and Connor Homes. She is also on the board of the Master Builders Assn.
She has represented petitioners in appeals to the GMHB.
Law firm in Greens appeal
The law firm represented Murray Franklyn, in this writer’s 1997 appeal of two projects on SE 8th St., approved by King County before Sammamish was incorporated. These appeals challenged King County’s concurrency methodology and on environmental issues.
The King County Hearing Examiner upheld the concurrency appeal but rejected the environmental challenges. This writer’s traffic engineer demonstrated that King County had manipulated data in the modeling.
Challenging an environmental issue
The petition includes a challenge because the concurrency ordinance was adopted without “due consideration” to environmental impact.
During this writer’s entire service on the Sammamish Planning Commission and before it, the Planning Advisory Board, concurrency was never tied to environmental studies.
That said, a former King County Hearing Examiner reviewed the petition and said that the concurrency ordinance was adopted as part of a Comprehensive Plan update and Sammamish did a SEPA review of the entire update. He believes the Hearing Board will reject this element of the petition.
However, he said that “Duana is a sharp cookie; you can safely assume that at least one of the other nine claims will undertake to raise a serious issue.”