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News Release 2006-2 April 20, 2006 COURT WANTS MORE INFORMATION BEFORE ISSUING STAY IN GUEST HOUSE CASE The
request by the County and Friends of the San Juans for a stay in the guest
house litigation hit a snag after the Washington Court of Appeals, said it
wanted another brief to respond to the filing by Orcas property owners, Timothy
Blanchard and Margaret Manning. Blanchard and Manning filed a “friend of the court” brief
urging the court to issue a decision promptly and deny the request for a stay. The court issued a short order stating that the filing by
Blanchard and Manning “appears to raise a substantial issue” and requested a
response by the County and the Friends by May 1. “We have submitted a response,” said Prosecuting Attorney
Randall K. Gaylord. The County’s
position is that this case presents a political issue regarding the extent to
which a freestanding accessory dwelling (guest house) will be allowed or not
allowed in rural lands. The County
Council has said that it wants to follow the existing orders of the Growth
Board, not challenge them in court, said Gaylord. The Orcas couple wrote to say that a “public interest”
doctrine and state statutes allow the court to issue a decision promptly and
that a written decision will assist the officials in San Juan County and other
counties. The County’s position is that as a party to the case, the
County Council may ask the court not to apply the doctrine and stay action that
would lead to a decision. “We will
inform the court that the County Council believes a decision at this time will
undercut the political process,” said Gaylord. “The order from the court will complicate the deadlines
the County is working under. The County
has assumed that the court would issue the stay promptly, like it did six
months ago. “We have many deadlines
coming up, so prompt action would be most helpful,” said Gaylord. |