EVERETT — Arlington City Council’s decision to annex Island Crossing is legal and valid, Snohomish County Superior Court Judge Ellen Fair ruled Thursday.
Attorneys for Snohomish County filed a lawsuit Dec. 10 demanding the city repeal last month’s annexation of the 110-acre area east of I-5.
“We are very appreciative of the court’s ruling,” Arlington Mayor Margaret Larson said. “Residents there have had their land tied up for 17 years.”
Snohomish County Councilman Dave Gossett said an appeal by the county is possible.
Gossett originally opposed the placement of Island Crossing in the city’s urban growth area, a step required by the state’s Growth Management Act before land can be annexed into a city.
“It was an unwise planning decision,” Gossett said.
Opponents of the zoning action and the annexation have expressed concerns about the loss of farmland in an area prone to flooding.
City officials believe that when the state Supreme Court decided in October that businessman Dwayne Lane could build a car dealership at Island Crossing that the ruling cleared the way for the city to annex the area.
“This action today by Judge Fair should amount to a final legal ruling that puts an end to years of litigation,” Lane’s lawyer Todd Nichols said.
The City council voted unanimously Nov. 17 to add 210 acres into the city limits, roughly half of which is the Island Crossing area.
With County Councilman John Koster voting no, the County Council then voted to pursue legal action against the city.
In 2003, the County Council had rezoned Island Crossing from agriculture to commercial uses and placed it within the urban growth area of Arlington.
Once the state Supreme Court made its October ruling, that earlier county ordinance became valid, city attorney Steve Peiffle argued. From the city’s perspective, there was nothing more that the County Council had to do before the city could annex the land, he said.
County officials, however, maintained that the county had to go back and change its comprehensive plan in order for the annexation to be legal.
City officials hope the county won’t appeal Fair’s decision.
“We want to get on with serving our new residents of the city,” spokeswoman Kristin Banfield said.
Reporter Gale Fiege: 425-339-3427 or gfiege@heraldnet.com.
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