BSRE files appeal in Superior Court against Pt. Wells decision

Point Wells with a coal train in the foreground
Photo by Steven H. Robinson

BSRE, the developer whose application for a 3000+ unit development at Point Wells was recently denied by Snohomish County, has filed an appeal in King County Superior Court. The appeal alleges that the County misapplied the law, ignored evidence, and did not follow its own procedures when it denied the development application.

This is the third appeal of the original decision made by the County Hearing Examiner. BSRE first appealed for reconsideration by the Hearing Examiner, then to the County Council, and now to Superior Court.

Snohomish County identified 16 separate issues in finding the application in substantial conflict with the County code provisions and in each appeal BSRE has used the same arguments to try to refute all 16 issues.

Having failed to convince the Hearing Examiner and the County Council, it is unlikely (but still possible) that BSRE will be successful in court.

The tentative date for the hearing is April 1, 2019 in King County Superior Court before Judge Sue Parisien.

As with a Point Wells lawsuit in 2011, the appeal was filed in King County because Snohomish County is a party to the suit.

--Sno King Environmental Protection Coalition