Foster v. King County

Steven and Terry Ann Foster appeal a summary judgment order dismissing their complaint for writ of review of a SEPA threshold determination. We affirm because interlocutory judicial review of threshold determinations is not available under SEPA or by statutory writ, and the trial court did not abuse its discretion in denying a constitutional writ. The Fosters also appeal the court’s dismissal of their claim for damages under RCW 64.40. Because the damages claim must be heard with the related SEPA claim, we affirm.

FACTS

The Fosters own a dairy farm in Carnation, Washington. In 1988, they…