[DOWNLOAD] "Wells V. Western Washington Grouth Management Hearings Board" by Washington Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Wells V. Western Washington Grouth Management Hearings Board
• Author : Washington Court of Appeals
• Release Date : January 10, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 91 KB

Description

In this action brought under the Growth Management Act, RCW 36.70A (GMA), we must decide three issues which we resolve as follows: First, the GMA provides that a comprehensive plan and development regulations are presumptively valid upon adoption. This presumption applies even though Whatcom County had previously gotten a declaration from the Western Washington Growth Management Hearings Board declaring certain of its interim urban growth area designations and associated regulations invalid. The burden of rebutting this presumption is on the party challenging the validity of the comprehensive plan and development regulations. While the presumption may be overcome rather easily in the circumstance where, as is alleged here, the plan and regulations contain provisions identical to those previously held to be invalid, it nevertheless applies. Once the petitioners have overcome the presumption, the GMA places the burden on the local government to demonstrate that its revised plan and regulations 'no longer substantially interfere with the fulfillment of the goals' of the GMA.

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