Arlington auto dealer Dwayne Lane will have more help in court as he fights a state growth board ruling that prevents him from building a car lot at Island Crossing.
The Snohomish County Council voted 3-1 to appeal the Growth Management Hearings Board ruling. Lane had earlier vowed to fight the ruling in Snohomish County Superior Court. The city of Arlington joined the battle on Lane’s side earlier this week.
"This is something that the city of Arlington wants," County Councilman John Koster said.
Others, however, have intensely fought Lane’s attempt to rezone the land at Island Crossing from farming to commercial zoning so he can move his Arlington car lot to the high-profile location next to I-5.
Opponents include Gov. Gary Locke, environmental and managed-growth groups, and farmers. Some said the flood-plain properties are prime for farming and should stay in agriculture. Others, including the Stillaguamish Flood Control District, said development of Island Crossing would make flooding worse for others nearby.
Lane, part owner of roughly 15 acres within the 210-acre annexation area, has said the land at Island Crossing can’t be commercially farmed.
In March, a state Growth Management Hearings Board rejected the County Council’s attempt to take the land out of farming and add it to Arlington’s urban growth area. The board said the county’s decision was "clearly erroneous" and violated state growth laws that protect farmlands.
Wednesday was the deadline for filing an appeal.
"I just think it’s a waste of money," said Councilman Dave Gossett, who voted no.
The Island Crossing annexation has been before the courts in the past and has been rejected. "I don’t think the county could get a different result," Gossett said.
Lane declined to comment after the council’s vote.
In a prepared statement released later, he said: "Along with the other property owners at Island Crossing, we believe that responsible commercial development of the area will result in 400 family-wage jobs and almost $20 million in annual state and local tax revenue."
Lane had earlier indicated that he would fight the hearings board decision in Superior Court.
Still, some said the county was joining the side that would eventually lose.
"They do not have a good chance of winning this case," said John Zilavy, legal director for 1000 Friends of Washington, a controlled-growth watchdog and one of the parties that asked the hearings board to review the County Council’s vote to put Island Crossing in Arlington’s urban growth area.
"It’s too bad that the County Council is going to continue to waste taxpayer money on these losing causes," Zilavy said.
Koster said the decision to appeal wasn’t easy.
"I have struggled to do as much as I possibly can, and have been an advocate for agriculture. But you have a piece of ground here that is unique," Koster said.
With water, gas and sewer lines already installed, infrastructure is in place that would support commercial development.
"You’ve got the freeway on one side and you’ve got urban development on the other end. And it hasn’t been farmed for years," he added. "And you’ve got a city that wants to annex it."
Reporter Brian Kelly: 425-339-3422 or kelly@heraldnet.com.
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