"A Clear Road To Victory"

On September 28th, Skagit County Hearing Examiner Wick Dufford agreed with Friends of Guemes Island that the Hearing Examiner "is without jurisdiction to hear the separate appeal of the subject DNS."

The County prepared their Determination of Non Significance (DNS) only after FGI filed suit challenging the County's decision to extend the ferry schedule without having addressed its impacts.

The Hearing Examiner's ruling returns the case to Snohomish County Superior Court, which has agreed to hear FGI’s arguments, evaluate the adequacy of the County's DNS and determine if a full Environmental Impact Study (EIS) is warranted. The Court will then decide whether or not to stop the late evening ferry runs until an EIS is complete.

This decision represents another major victory for FGI. Gary Davis, FGI President, said of the ruling from the Hearing Examiner: “Friends of Guemes Island has won on every point in this case with a clear road to victory in Judge Allendoerfer's court.” Furthermore, Davis asked, “Will the County Commissioners throw in the towel now or continue wasting taxpayers' money by fighting us in court and running an unnecessary and unwanted late ferry? It's time for the County Commissioners to back off and do the right thing.”

-Friends of Guemes Island, [10.1.6]

Hearing Examiner's Ruling

Friends of Guemes Island Suit Moves Forward

Superior Court Judge Allendoerfer, in a final written order for the August 18, 2006 hearing on Friends of Guemes Island's ("Friends'") Summary Judgment Motion, ruled that the County violated the State Environmental Policy Act ("SEPA") when the County added commuter-hour weeknight ferry service. The Judge denied the part of Friends' motion that asked that the County Resolution and associated ferry schedule changes be voided and discontinued. In essence, the Judge found that there needed to be an evidentiary hearing before he would consider voiding the Resolution and ferry schedule changes.

At the Judge's request, Friends filed a request for an evidentiary hearing with the Skagit County Hearing Examiner and the Examiner is expected to rule shortly as to whether or not he has jurisdiction to hold such an evidentiary hearing. If he rules that he does not have jurisdiction to hold an evidentiary hearing, then it is likely that the Judge will hold the necessary evidentiary hearing himself. Friends' burden is to prove at an evidentiary hearing (or at a judicial review of such a hearing) that the schedule changes will lead to more than a moderate adverse impact on the environment of Guemes Island. If Friends meets this burden, it is likely that the Judge will void the Resolution and discontinue the ferry schedule changes. We should know within the next week whether the evidentiary hearing will be held by the County Examiner or by the Superior Court Judge.

- Friends of Guemes Island, [9.21.6]

FGI Challenges The Hearing Examiner's Jurisdiction

Judge Allendoerfer's Order granting in part FGI's motion for summary judgment.

Superior Court Judge Agrees With FGI

Judge Finds Skagit County Made "Stealth Decision" in Extending Guemes Ferry Hours - State Environmental Laws Must Be Followed in Creating "Commuter Ferry"

Yesterday in Snohomish County Superior Court, Judge James Allendoerfer supported the Friends of Guemes Island (FGI) contention that the Washington State Environmental Policy Act (SEPA) must be applied to the Skagit County Commissioner’s May resolution to extend the weeknight ferry hours from 6:00 p.m. to 10:00 p.m. Saying that the extended hours effectively turn the operation into a “commuter ferry,” Judge Allendoerfer required Skagit County to consider the “snowball effect” that might result, such as faster growth, rezoning from rural to urban, and the risk of an exhausted aquifer.

Judge Allendoerfer further said that the Commissioner’s action was a “stealth decision,” in that the official County resolution gave scant notice for any public process or appeal. He directed FGI’s attorney, Gerald Steel, to file a request for an evidentiary hearing before Skagit County’s Hearing Examiner by the appeal deadline date of Monday, August 21st.

“Judge Allendoerfer has given the County an opportunity to correct the mistake they made in extending weeknight ferry hours to Guemes Island,” said Gary Davis, FGI President. “If they fail to do so, I am confident that the Court will void the County’s resolution.”

The purpose of the next filing step is for FGI to first exhaust its administrative appeals, while giving Skagit County a chance to present more substantial evidence about the later ferry’s impact on growth on Guemes Island. Judge Allendoerfer said that Skagit County must elaborate on all potential growth issues from creating a commuter ferry. If the County Hearing Examiner will not evaluate the case, Allendoerfer indicated that his court would do so.

After the evidentiary hearing before Skagit County or Judge Allendoerfer, the commuter ferry service will be terminated if a full Environmental Impact Statement {EIS) is required by Skagit County or by Judge Allendoerfer.

- Friends of Guemes Island, [8.19.6]

FGI Files Motion and Appeal With Hearing Examiner and sends Proposed Summary Judgement Motion to County Attorney. [8.21.6]

Friends of Guemes Island File
for Summary Judgement In Superior Court

Friends of Guemes Island announced today that they have filed for Summary Judgment in Snohomish County Superior Court with a hearing date set for August 18. The suit seeks to void the Skagit County Resolution extending weeknight Guemes Island ferry hours because Skagit County did not follow Washington State environmental law (SEPA).

According to the filing, "The County violated SEPA requirements by acting on the proposal without having a Final Environmental Impact Statement. The County also did not have a Determination of Non-Significance (“DNS”) or claim that the proposal qualified for a categorical exemption."

A 1977 Skagit County Draft Environmental Impact Statement urged that in order to meet the County’s objective “to preserve the rural lifestyle for present and future generations” the County should “establish a definitive ferry schedule with no extra runs, except in case of emergencies…Changes in ferry sizing will not have a significant effect on population, housing and land use. Ferry scheduling, however, will."

"This Court should find that Skagit County violated the requirements of SEPA in state law and implementing regulations when it adopted the Resolution and implemented extended weeknight scheduled ferry service. This Court should find that the increased accessibility to the Island created by the extended weeknight scheduled ferry service is likely to have a significant adverse environmental impact. This Court should void the Resolution and terminate the extended weeknight scheduled ferry service."

In June, before the extended service was begun, Friends of Guemes Island asked the court to issue a stay. Judge Richard J. Thorpe did not disagree with FGI attorney Gerald Steel’s argument that Skagit County Commissioners failed to follow mandated state environmental laws prior to making their resolution. Nevertheless, Judge Thorpe was unwilling to take the uncommon action of staying Skagit County.

- Friends of Guemes Island [7.21.6]

Document 1 • Document 2 • Document 3

Skagit County Prepares Determination of NonSignificance [3.4mb PDF] and Response [650k PDF] [8.5.6]

FGI Responds to County Filing [60kb PDF] [8.15.6]