Gardner v. Pierce County Board of Commissioners

Pearson, A.C.J.

Booth Gardner appeals from a Superior Court judgment affirming the Pierce County Board of Commissioners' approval of a preliminary plat of an area adjacent to his home. The Superior Court determined, among other things, that there was insufficient evidence to establish that the preliminary plat violates a state regulation, WAC 248-96-090. We hold that such a violation was established and the County's negative declaration of environmental significance was consequently clearly erroneous. Hence we reverse.

Wingedfoot Estates, the preliminary plat at issue here, consists of 29.2…