Judge again denies Island County commissioner’s lawsuit

COUPEVILLE — Island County Commissioner Kelly Emerson and her husband, Kenneth, again have been told no.

Island County Superior Court Judge Alan Hancock last week denied their motion for reconsideration of his dismissal of their lawsuit against Island County.

On the eve of Election Day in November 2010, the Emersons sued her political opponent, John Dean, the incumbent county commissioner, saying he used his position to alert the county planning director and a building inspector to a construction project at the Emerson home on Camano Island.

That act, the Emersons claimed, was intended to kill her political campaign.

The Emersons, however, had not applied for building permits to make improvements and additions to their home, even though they had been told that any development on their property would require approval by the Island County Planning Department. County officials say the Emersons’ property includes a wetlands area, considered sensitive under state environmental laws.

With their motion for reversal, the Emersons wanted to include information from a licensed hydrogeologist who says wetlands don’t exist on the couple’s property. The judge called the move untimely since the information was available but not submitted at the time of the hearing.

Emerson, a tea party Republican, defeated Dean, a Democrat, in the election to represent Camano Island and north Whidbey Island on the three-member board of county commissioners.

At the time the lawsuit was filed, Emerson said that her complaint was with the two county employees and Dean, and that she didn’t want to cost county taxpayers money. In January, however, her former attorney amended the complaint to include Island County as a party in the suit.

The motion also sought an injunction to stop the county’s code enforcement and mounting fines against the Emersons.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Nearly three-quarters of acute care hospital inspections were late, as of December, according to the Joint Legislative Audit and Review Committee. One facility hadn’t gotten a state inspection since early 2018. (Stock photo)
Washington faces major lag in state inspections of hospitals

Washington state inspectors are way behind in their examinations of hospitals and… Continue reading

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Cascadia College Earth and Environmental Sciences Professor Midori Sakura looks in the surrounding trees for wildlife at the North Creek Wetlands on Wednesday, June 4, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
Cascadia College ecology students teach about the importance of wetlands

To wrap up the term, students took family and friends on a guided tour of the North Creek wetlands.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

x
Edmonds appoints liaison to South County Fire Board of Commissioners

Will Morris, president of the Edmonds Police Officers Association, will serve as a non-voting liaison with the regional fire authority.

What’s Up columnist Andrea Brown with a selection of black and white glossy promotional photos on Wednesday, June 18, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Free celeb photos! Dig into The Herald’s Hollywood time capsule

John Wayne, Travolta, Golden Girls and hundreds more B&W glossies are up for grabs at August pop-up.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.