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Spokane, Washington  Est. May 19, 1883

Liberty Lake sues over annexation decision

Liberty Lake and a development company filed two lawsuits last week against the Spokane County Boundary Review Board in hopes of overturning a decision that blocked the city from annexing 644 acres.

One lawsuit, filed in Spokane County Superior Court on Tuesday, contends that the BRB violated state laws by taking too long to render its decision. A lawsuit filed Wednesday appeals the merits of the decision and how it was reached.

Petitioners include the city of Liberty Lake and River Crossing LLC, a development company that includes Greenstone Corp., Greenstone Construction and Centennial Properties Inc. Centennial Properties is owned by Cowles Publishing Co., which also owns The Spokesman-Review.

For now, the land is a weedy field, but it’s slated to become a planned community with thousands of homes and paved paths that will link with Liberty Lake’s elaborate trail system. The city of Spokane Valley has also expressed interest in annexing the land, a portion of which is zoned for commercial uses.

Liberty Lake Councilmember Judi Owens contends that the board failed to regard the wishes of the landowners, considering that a majority voted for annexation.

“In our opinion, the Boundary Review Board was in error when they made their deliberations and their decision,” Owens said.

The first suit alleges that the board took several days longer than the 120 allowed by state law to reach its decision. At dispute is when the clock started ticking.

Robert Kaufman, a Bellevue attorney representing the board, said the city submitted paperwork indicating its intent to annex the land, but it was two or three days later that final, supporting documents were received. The city believes the 120 days began when the initial paperwork was submitted; the board thinks it started when the paperwork was complete.

When it denied the city’s request, the board said it was concerned that the city failed to submit a capital facilities plan that brought its comprehensive plan into compliance with the state’s Growth Management Act.

Liberty Lake’s plan was ruled invalid by the Eastern Washington Growth Management Hearings Board because it was missing documents from non-city service providers, such as Central Valley School District. Additionally, the city lacked approval for key population figures used to determine levels of service and outline how the city will meet or exceed those levels.

Officials contend that the city tried to get the population allocation approved by representatives of neighboring jurisdictions and the county for over two years, but were thwarted by Spokane County commissioners.

“There’s no doubt in my mind that (commissioners) skewed things in favor of Spokane Valley,” Owens said.

The BRB will meet this month and decide how to respond to the lawsuits.