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<< Previous   of   Next >>   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Tuesday, March 27, 2007 Court backs Island Crossing rezone The appeals court rules in favor of development on fallow farmland By Kaitlin Manry / Herald Writer ARLINGTON - In the latest chapter of a 17-year-old land-use dispute, the state Court of Appeals ruled Monday in favor of allowing development at Island Crossing. More appeals are possible but none has been filed. If the decision stands, it paves the way for a car dealership and other businesses on 110 acres of mostly unused farmland bordering I-5 and Highway 530, just north of Arlington. "I feel justice has finally been served," said Tom Lane, president and chief executive of Dwayne Lane's auto centers, which has spent years fighting to build a dealership at Island Crossing. "It's a difficult process, but now I think I have faith in it." The appeals court decision reverses a 2005 Snohomish County Superior Court ruling that found a movement by landowners and the city of Arlington to annex and urbanize Island Crossing violated the state's Growth Management Act. The city, Snohomish County and the Dwayne Lane car dealership appealed the decision. "We're really pleased that the Court of Appeals viewed the city's actions and the county's actions as wholly appropriate," said Kristin Banfield, Arlington's assistant city administrator. "Really what the court did in this case, which we really appreciate, is they affirmed that land-use decisions are best made at the local level." It's unclear whether any of the groups that oppose development at that location will appeal the most recent decision to the state Supreme Court. Tim Trohimovich, planning director for Futurewise, a group that advocates strong control of growth, said his organization is considering an appeal. "The clear message that this decision sends is if you're willing to spend enough money on enough consultants, you can rezone farmland for a strip mall and other urban uses," he said. "So that is a great concern to us." In addition to an appeal, Trohimovich said, Futurewise is contemplating asking the appeals court to reconsider its decision, and pleading its case before the Central Puget Sound Growth Management Hearings Board. The appellate court ordered the hearings board to revisit its previous decision that Snohomish County "committed clear error" in moving to allow development at Island Crossing. "Basically the court said to the board, 'You got it wrong. You misinterpreted the Growth Management Act. You didn't apply the GMA correctly. So go back and fix it,' " said Alan Copsey, assistant attorney general for the state. He represented the state Department of Community, Trade and Economic Development in fighting the appeal. He said he's disappointed by the ruling, but it's too early to know what it means or whether any of the groups will appeal. County Council chairman Dave Gossett said he'll be watching for the next court appeal. He voted against rezoning the land as urban and said he still opposes development there. "This is one case where no matter how it turns out, the losing side is going to appeal," he said. Regardless, the city of Arlington plans to move ahead and rezone the land to allow commercial development, Banfield said. After that happens, Lane plans to move its Arlington dealership from downtown to Island Crossing. "I'm relieved it's over," Lane said. "It's a saga. Now the public can be relieved of this and move on to something else." Herald writer Jeff Switzer contributed to this story.

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