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July 10th, 2007

WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD ORDERS STAY ON SWINOMISH TRIBE'S AG/FISH BUFFER LITIGATION AGAINST SKAGIT COUNTY UNTIL JULY 1, 2010

SKAGIT COUNTY – The Western Washington Growth Management Hearings Board issued an order yesterday staying the Swinomish Indian Tribal Community’s litigation against Skagit County over riparian buffers on agricultural lands until July 1, 2010.

“The Swinomish Tribe has been suing Skagit County over riparian buffers almost continuously since 1996,” said Skagit County Chief Civil Prosecuting Attorney Will Honea.

In May 2007, the Washington legislature passed ESHB 5248, a law that creates a four year “time out” in the buffer dispute. During the four year time out, ESHB 5248 directs the University of Washington’s Ruckelshaus Center to assemble a diverse team of representatives from tribal, agricultural and environmental groups, analyze the issues, and negotiate a statewide solution. However, the Swinomish Tribe argued that the four year “time out” did not apply to their lawsuit against Skagit County. The Western Growth Board disagreed, and put the Swinomish Tribe’s litigation on hold.

“By passing ESHB 5248, the legislature obviously intended that the Swinomish Tribe should stop suing the County, and instead try to work cooperatively toward a long-term, practical solution to the riparian buffer dispute,” said Will Honea, Skagit County Chief Civil Prosecuting Attorney. “We are pleased that the Growth Board honored the legislature’s intent,” he said. “Skagit County has a new commitment to environmental values, and we plan to work diligently and in good faith to address the Swinomish Tribe’s concerns.”

Skagit County and the Swinomish Tribe submitted briefs on May 31, 2007. The Board held a hearing in Mount Vernon on June 11, 2007. The order granting a stay is available for viewing online at www.skagitcounty.net

For further information, contact Chief Civil Deputy Prosecutor Will Honea at 360-336-9464.

Related Document: Growth Management Order Granting Stay (Pdf)