Legal Opinion

Whatcom County Fire District No. 21 v. Whatcom County

Court of Appeals of Washington

Decided June 22, 2009No. 61431-2-IPublishedCited by 4 opinions

1Opinion of the CourtAppelwick, J.

¶1 The Growth Management Act, chapter 36.70A RCW, vests counties with the primary authority to plan future development, including concurrency planning with providers of public services. Because the What-com County Comprehensive Plan establishes the standards for service and finds that the fire district has the capacity to meet that standard, the fire district is foreclosed from evaluating concurrency with new development on a project-by-project basis and requiring a concurrency mitigation fee. We reverse the Whatcom County Superior Court and reinstate the permit approvals.

FACTS

¶2 This appeal…

2Cases cited13 opinions

  1. Western Telepage, Inc. v. City of TacomaWashington Supreme Court · 2000
  2. Western Telepage, Inc. v. City of Tacoma Department of FinancingWashington Supreme Court · 2000
  3. Citizens for Mount Vernon v. City of Mount VernonWashington Supreme Court · 1997
  4. Citizens for Mount Vernon v. Mount VernonWashington Supreme Court · 1997
  5. Girton v. City of SeattleCourt of Appeals of Washington · 1999

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3Cited by4 opinions

  1. WHATCOM FIRE DIST. NO. 21 v. Whatcom CountyWashington Supreme Court · 2011
  2. Whatcom County Fire District No. 21 v. Whatcom CountyWashington Supreme Court · 2011
  3. Whatcom County Fire District No. 21 v. Whatcom CountyCourt of Appeals of Washington · 2009
  4. Whatcom County Fire District No. 21 v. Whatcom CountyWashington Supreme Court · 2011

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