Hearing Examiner OKs Conner-Jarvis project, says Kempton Downs failed to meet burden

City_of_SammamishJan. 20, 2016: The Sammamish Hearing Examiner Tuesday rejected the appeal by the Kempton Downs Homeowners Assn. of the Conner-Jarvis project. Approval was given with minor modifications to conditions.

The approval, by Examiner John Gault, was a sweeping victory for Conner-Jarvis and the City’s Development and Public Works departments. Gault ruled that Kempton Downs failed in issue after issue to meet the burden required under state law to overturn the professional judgment of the City’s staff.

State law says that deference to the professionals takes preference. This means that in appeals, the burden of proof that the staff erred is on the appellants.

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