Dwayne Lane wins, but it’s too late to help

It was like making a three-point basket after the game-ending buzzer went off.

Arlington auto dealer Dwayne Lane won his case this week before the Snohomish County Boundary Review Board.

On a 3-2 vote, the board decided the Stillaguamish Flood Control District couldn’t contest Lane’s proposed annexation of Island Crossing into Arlington.

Not that the decision matters much. A state growth-management hearings board earlier rejected the county’s move to take land at Island Crossing out of farming and put it inside an expanded urban growth area for Arlington.

With Lane’s land outside the urban growth area, it can’t lawfully be annexed.

Still, the decision had lawyers for the Stillaguamish Flood Control District saying the boundary review board decision was meaningless, but something they would have to appeal anyway.

Flood district officials are worried that development of Island Crossing — where Lane wants to move his Arlington car lot — would worsen flooding for nearby property owners.

"None of this means squat," said Henry Lippek, an attorney for the flood district.

Shoreline rules also prevent development at Island Crossing.

Lippek said boundary review board commissioners took a strict interpretation of the law that sets what types of districts can ask the board to scrutinize annexations.

Although the law includes districts that do the same sort of work as the Stillaguamish Flood Control District, Lippek said three of five commissioners found the district’s title wasn’t a close enough match to those listed in the law to rule in the flood district’s favor.

"It’s surprising. And appalling," he said.

The Lane family has said it will fight the growth board ruling in Snohomish County Superior Court. Lippek said he will probably appeal the boundary review board ruling just in case the Superior Court decision favors Lane and the parties are thrown back into the annexation process.

"We’re all wasting a lot of money," Lippek said.

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  • The Snohomish County Council approved a temporary loan this week to start the buyout of 10 homes in Chatham Acres near the Mountain Loop Highway.

    The neighborhood was hit hard when the north fork of the Stillaguamish River flooded in December 1999. The river changed its course, destroying one cabin and threatening others.

    The county will receive a $1.6 million grant from the state Department of Emergency Management to help with the buyout, but the council shifted $1 million in funds to get the effort started now instead of waiting until the grant money comes in.

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  • Bad to the root: The County Council has added Bohemian knotweed to the county’s list of noxious weeds. State law says property owners are responsible for preventing and controlling the spread of noxious weeds on their land. Plants on the list are poisonous to people and animals and unhealthy for streams.

    Claim of the week: A Lynnwood man wants $75 from the county for the loss of his Harley-Davidson earring. A deputy removed the earrings while the man was being arrested, but dropped the earring and got lost it in some gravel.

    Next week: The County Council will hold a public hearing on spending roughly $370,000 to repair damage caused by the October floods at the county’s park on Spencer Island and along Whitehorse Trail. The floods wiped out a footbridge on Spencer Island, and the Whitehorse Trail was hammered at Hazel Hole, Bradley Bridge and Skagland Hill.

    How you can get involved: The public hearing is at 10:30 a.m. Wednesday in the Jackson Hearing Room, sixth floor of the County Administration Building.

    Reporter Brian Kelly covers county government for the Herald. He can be reached at 425-339-3422; e-mail kelly@heraldnet.com.

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