County’s Legal Fight Uncertain Chelan’s Position On State Growth Management Shaky

Chelan County commissioners have spent $100,000 challenging the state’s Growth Management Act, but the future of the lawsuits is unclear.

County Commissioner John Wall, a key opponent of the act, was defeated in the September primary.

Esther Stefaniw, elected to replace Wall on the commission, opposes the legal challenge. So does Jim Lynch, the Democrat running for a vacancy on the commission. Lynch’s opponent, Republican John Ford, said he would support the lawsuits for a time, but not if they dragged on.

County Commissioner Earl Marcellus, who is not up for election this term, warned that new commissioners shouldn’t be quick to drop the legal action.

“We are so far down the road toward having this challenge heard on its merits that it would be very irresponsible for anyone … to terminate it right now,” he said.

Lynch said the concerns raised by Marcellus and Wall should be resolved in the Legislature.

“As a lawyer and a businessman, there comes a time when you cut your losses,” Lynch said Thursday. “It has cost the county $100,000 without even going to trial. How much more would a trial cost?”

Ford said he would be inclined to continue the lawsuits if they would be resolved within a few months.

Marcellus and Wall hired Everett attorney Bob Rowley last November to analyze the county’s options for appealing or challenging the state’s Growth Management Act. They authorized spending up to $12,500.

A month later they extended Rowley’s contract indefinitely, saying the county prosecutor was too busy to devote enough time to the issue.

Rowley originally filed lawsuits in the state Supreme Court and in U.S. District Court. The state suit was dismissed. A mid-January hearing date has been set for the federal suit.

Another lawsuit, against the governor and the state, was filed in the state Supreme Court. That case was heard by a court commissioner Thursday, with a ruling expected later this month.

Rowley has submitted bills to the county totaling $101,242 through the end of September. Marcellus said the county has asked the courts to compensate it for attorney fees.