The Island Crossing land fight is taking another whirl on the legal carousel.
Battle lines were drawn years ago for the 110 acres near Arlington’s I-5 exit.
Those who want to see the area remain farmland and those who say it needs developing will be back in court this week. Both sides expressed confidence leading up to Superior Court Judge Linda Krese’s decision, expected Wednesday morning.
Environmentalists and farmers who oppose allowing Arlington to annex the 110 acres say the courts have consistently taken their side on this issue.
“Nothing materially has changed,” said Tim Trohimovich of Futurewise, a Seattle environmental group.
Annexation supporters say enough has changed since the last legal go-round seven years ago to merit a different decision.
One big change was the majority shift from Democrats to Republicans on the Snohomish County Council.
The Democrat-led council voted to keep Island Crossing as farm land in 1998. Republicans took over in 2001 and voted in 2003 to allow the city to annex it.
Legally, that change carries a lot of weight with the Growth Management Act, which favors local control on land-use issues, said Todd Nichols, the attorney representing car dealer Dwayne Lane’s push to annex the land.
“What has changed is that the county has made a legislative decision,” Nichols said. “The county has a right to make a legislative policy and adapt that from time to time.”
Lane wants the zoning changed from agricultural to commercial so he can move one of his car dealerships to a more visible location closer to I-5.
Anticipating increased sales-tax revenues, Arlington supported a similar bid in the 1990s and has again joined his latest lawsuit.
A state growth hearings board has repeatedly struck down annexation attempts the past two years. The board has cited Growth Management Act’s mandate to curb urban sprawl and protect farmland.
Nichols was encouraged by a state Supreme Court decision Thursday about a case involving the Quadrant Corp. in King County that he said is similar.
The decision, which can be found at www.courts.wa.gov/opinions, says local governments should be given deference over administrative bodies, unless that government’s action is “clearly erroneous.”
Whether that case applies to Island Crossing remains to be seen.
For Trohimovich, Island Crossing’s long record in court is clear. The case already has revolved through Superior Court and the state Court of Appeals in the 1990s.
“Every judge who’s seen this case, both in Superior Court and the Court of Appeals, has always held that Island Crossing is farmland,” he said.
Krese is scheduled to announce her decision at 9 a.m. Wednesday at the Snohomish County Courthouse.
Reporter Scott Morris: 425-339-3292 or smorris@heraldnet.com.
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