Law Seminars International Presents

The Annual Two-Day Conference on

Growth Management in Washington

Update on Recent Developments and Decisions

November 15 & 16, 2004
Renaissance Seattle Hotel in Seattle, WA
Order      Download PDF Brochure

Who Should Order Homestudy

Attorneys, developers, city and county officials, planners, consultants, real estate professionals, and anyone else involved in managing growth and development in Washington

Why Order

"Each year new challenges and new pitfalls accompany the State's efforts to manage growth. Lawyers, real estate developers, planners, consultants and government officials need to be aware of critical new developments in 2004. As jurisdictions revise their comprehensive plans and development regulations, old battles over urban growth lines, resource areas, and critical areas take on new dimensions. Infrastructure planning, financing, and permitting continue to occupy center stage. The legislature has provided new tools for community redevelopment that can help meet achieve the GMA's vision for housing and vital communities. These and other issues will be presented by a distinguished panel of land use experts at this year's conference." ~ Program Co-Chairs: Eric Laschever, Esq. and Alan Copsey, Esq.

What You Will Learn

* Recent Urban Growth Area Decisions *Critical Area Ordinances Updates and Best Available Science Requirements *Update on Court Cases and Board Decisions *View From the Bench *Recent Wetlands Litigation Updates *Legislative Proposals - GMA Workgroup: Successes and Challenges *Perspectives on Comprehensive Plan Updates *Housing Issues and the New Community Renewal Act *Transportation Infrastructure Update *Water Availability and the GMA - Utilities and Facilities Planning *Protection of Agricultural Lands *Special Address: Outgoing Perspectives *Perspectives from the Growth Management Hearings Board --

Agenda

Monday, November 15, 2004
8:00 am Registration & Continental Breakfast
8:30 am GMA Issues on the Horizon
  Critical Area Ordinances updates are due; significant new court cases, UGA’s, water availability, transportation, wetlands and agriculture that are changing the landscape of GMA planning.
  Eric S. Laschever, Esq., Program Co-chair
 Stoel Rives LLP / Seattle, WA
  Alan D. Copsey, Esq., Program Co-chair
 Washington State Office of Attorney General / Olympia, WA
8:45 am Update on Court Cases and Board Decisions
  New decisions, appeals, and cases working their way up; How cases like WEAN, HEAL go through; are Boards and courts in sync?
  Barbara Dykes, Esq., Chief Civil Deputy
 Snohomish County Prosecuting Attorney's Office / Everett, WA
  Andrew S. Lane, Esq.
 Cairncross and Hempelmann / Seattle, WA
9:45 am Critical Area Ordinances Updates and Best Available Science (BAS) Requirements
  How is this done with regard to emerging issues in wetlands and riparian areas, steep slopes; how BAS relates to other Critical Area provisions; how to apply BAS; use of qualified experts
  Alan D. Copsey, Esq., Program Co-chair
 Washington State Office of the Attorney General / Olympia, WA
  Robert D. Johns, Esq.
 Johns Monroe Mitsunaga PLLC / Bellevue, WA
  A. W. Mackie, Esq.
 Perkins Coie LLP / Olympia, WA
11:00 am Break
11:15 am Urban Growth Area Battles - Deja Vu All Over Again
  Recent UGA decisions and their impact on comprehensive plans; how it relates to annexation; provision of services under GMA
  Shelley E. Kneip, Esq., Chief Civil Deputy
 Kitsap County Prosecuting Attorney's Office / Port Orchard, WA
  Samuel W. Plauche, Esq.
 Buck & Gordon LLP / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm View From the Bench: How Do Judges Look at GMA Cases?
  The Hon. Susan R. Agid, Esq.
 Division One Washington State Court of Appeals / Seattle, WA
2:15 pm Recent Wetlands Litigation Updates
  Alison Moss, Esq.
 Dearborn & Moss PLLC / Seattle, WA
3:00 pm Break
3:15 pm Legislative Proposals - GMA Workgroup: Success and Challenges
  Heather Ballash, Senior Policy Adviser
 Washington State Department of Community, Trade and Economic Development / Olympia, WA
  Michael Pattison, N. Snomohish County Manager
 Masters Builders Association of King & Snohomish County / Bellevue, WA
5:00 pm Adjourn

Tuesday, November 16, 2004
8:00 am Registration and Continental Breakfast
8:30 am Special Address: "The Role of Counties and Cities in Accommodating Future Population Housing and Job Growth in King County"
  The Hon. Dow Constantine, Esq.
 King County Council / Seattle, WA
9:00 am Water Availability and the GMA - Utilities and Facilities Planning
  How counties and cities are planning for growth; exempt wells; how counties with rural development are handling water availability
  Joe Mentor, Jr., Esq.
 Mentor Law Group, PLLC / Seattle, WA
9:45 am Transportation Infrastructure Update
  Decline in funding; coordination between state and local government
  Deborah Eddy, Esq., Senior Fellow
 Discovery Institute - Cascadia Center / Seattle, WA
10:30 am Break
10:45 am Impact Fees - Myths and Realities
  Grace T. Yuan, Esq.
 Preston Gates & Ellis LLP / Seattle, WA
11:15 am Housing Issues and the Recently Passed Community Renewal Act
  Norman S. McLoughlin, Executive Director
 Kitsap County Consolidated Housing Authority / Silverdale, WA
  Hugh D. Spitzer, Esq.
 Foster Pepper & Shefelman LLP / Seattle, WA
12:15 pm Lunch
1:30 pm Protection of Agricultural Lands
  "Designating" agricultural lands; Ordon Farms, Oregon’s experience after 30 years; meeting BAS and leaving land for farming
  David A. Bricklin, Esq.
 Bricklin Newman Dold LLP / Seattle, WA
  Tom Lindley, Esq., Program Co-Chair
 Perkins Coie / Portland, OR
2:30 pm Special Address: Outgoing Perspectives on the Growth Management Hearings Board
  A frank assessment
  Joseph W. Tovar, FAICP, Director of Special Projects
 Northwest Center for Livable Communities, University of Washington / Seattle, WA
3:15 pm Break
3:30 pm Incumbent Perspectives from the Growth Management Hearings Boards
  Dennis A. Dellwo, Esq., Board Member
 Eastern WA Growth Management Hearings Board / Yakima, WA
  Margery Hite, Esq., Board Member
 Western WA Growth Management Hearings Board / Olympia, WA
  Edward G. McGuire, Esq., Board Member
 Central Puget Sound Growth Management Hearings Board / Seattle, WA
5:00 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: WA CLE 13.5 (#127378) | WA AICP 13.5 | WA APP 16.5 (#AP830) | WA RE 16.5 (#C2294) | CA MCLE 13.5 | OR CLE 14.5 (#2104*210)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Alan D. Copsey, Program Co-chair, is an Assistant Attorney General with the Washington State Office of the Attorney General. He currently advises and represents the Washington State Department of Community, Trade and Economic Development and the Washington State Department of Agriculture.

Eric S. Laschever, Program Co-chair, a partner at Stoel Rives LLP, practices land use, environmental and hazardous waste law. He is the past chair of the Environmental and Land Use Law Section of the Washington State Bar Association.

The Hon. Susan R. Agid is Chief Judge, Court of Appeals, Division One, and previously King County Superior Court Judge. She is a frequent speaker and author on land use issues.

Heather Ballash is a Senior Policy Advisor for the Washington State Department of Community, Trade and Economic Development. Heather previously worked as a planner in the agency's Growth Management Program, providing technical assistance to counties and cities

David A. Bricklin is a partner at Bricklin Newman Dold, LLP. He was closely involved in the development of GMA, and past President and Director, Washington Environmental Council.

Dow Constantine served in the state House and Senate before being elected twice to the King County Council. He represents the communities of West Seattle, White Center, Burien and Vashon Island and is the chair of the Council's Growth Management and Unincorporated Areas Committee.

Dennis A. Dellwo is the Attorney member for the Eastern Washington Growth Management Hearings Board. He was appointed to this position in 1996 by Governor Mike Lowrey. Prior to his appointment he represented Spokane’s Third Legislative District in the Washington State Legislature.

Barbara Dykes is the Chief Civil Deputy for the Snohomish County Prosecuting Attorney, and represents the County on land use and environmental law matters. Ms. Dykes graduated cum laude from Hastings College of the Law and currently serves on the Executive Committee of the Environmental and Land Use Law Section of the Washington State Bar Association.

Deborah Eddy is currently a senior fellow at the Cascadia Center of the Discovery Institute, working on Cascadia’s program to develop recommendations on regional transportation issues. She previously was executive director of the Suburban Cities Association, representing 37 King County cities on a variety of regional issues and providing support to elected officials.

Margery Hite was appointed to the Western Washington Growth Management Hearings Board in 2002 by Governor Gary Locke. Ms. Hite has spent most of her legal career working for local government. She served as a deputy prosecuting attorney in King County in the criminal and fraud divisions, and as a deputy prosecuting attorney in the Snohomish County Prosecutor’s civil division.

Robert D. Johns is a partner at Johns Monroe Mitsunaga PLLC and on the Board of Directors for the Master Builders of King and Snohomish County. He has been heavily involved in representing the housing industry in issues related to implementation of GMA.

Shelley Kneip is Chief Civil Deputy with the Kitsap County Prosecuting Attorney’s Office. Ms. Kneip primarily practices land use, environmental and municipal law, and has been a Deputy Prosecuting Attorney for the past eight years.

Andrew S. Lane, an attorney at Cairncross & Hempelmann, focuses his practice on all aspects of land use law, including real estate development projects and land use litigation at the administrative, superior and appellate court levels. He previously served as principal Deputy Prosecuting Attorney for Snohomish County’s Civil Division.

Tom E. Lindley is a partner at Perkins Coie LLP where he practices in areas of air, water, solid and hazardous waste permits, water quality and rights, endangered species, enforcement defenses, site investigations and remediation, litigation, and audits and due diligence. Mr. Lindley has been listed in The Best Lawyers in America since 2001.

A.W. "Sandy" Mackie is a partner at Perkins Coie LLP where he practices land use, environmental and municipal law. His clients have included a number of Counties and private companies dealing with complex permitting and Growth Management related issues. Current project involve a variety of complex GMA issues: (1) rural area planning issues for Lewis County, including master planned resorts, Industrial siting in rural areas and designation of agricultural lands; (2) a critical area update for Snohomish County, including best available science and coordination with other GMA issues and priorities; (3) a Shoreline Master program update in Ilwaco for a private property owner with Pacific Ocean Beach property recently annexed and shifting from rural to urban uses.

Edward G. McGuire was appointed to the Central Puget Sound Growth Management Hearings Board in 1996. Prior to his appointment Mr. McGuire was City Attorney for Pierce County Council where he worked extensively on the development and adoption of Pierce County’s GMA plan and implementing regulations.

Norman S. McLoughlin joined the Kitsap County Consolidated Housing Authority in 1989 as its Executive Director. Prior to that he worked for the Kitsap County Department of Community Development for eight years as the Housing Development Planner, where he was instrumental in the creation of the Authority and its ability to obtain grants and bond financing. Mr. McLoughlin holds a real estate broker’s license and was an associate broker for Victor Lyon Commercial Real Estate in Tacoma, Washington. He has spent 30 years in real estate and government positions.

Joe Mentor, Jr. principal practices law in Seattle with the Mentor Law Group, PLLC. Mr. Mentor concentrates his practice in the areas of water and natural resources development. His firm offers a full range of services, from governmental relations and advocacy, to permitting and litigation, and everything in between. He works for a wide variety of clients in the private, public and nonprofit sectors. He recently developed and implemented water supply and natural resources mitigation strategies for Trendwest Resorts’ MountainStar Master Planned Resort in Roslyn, Washington.

Alison Moss is a partner at Dearborn & Moss, PLLC, a law firm focusing on land use law. Her practice emphasizes federal, state, and local wetlands and fish and wildlife regulations and the implementation of the Growth Management Act.

Samuel W. "Billy" Plauché is a partner at Buck & Gordon LLP where he represents a variety of municipal and private clients in land use and environmental matters, including litigation in federal and state court and before the Growth Management Hearings Board, the Pollution Control Hearings Board and the Shoreline Hearings Board.

Hugh Spitzer is a public finance lawyer at Foster Pepper & Shefelman PLLC who has served as bond counsel on most types of public financings. He participates in utility, school, city, housing authority, special district and transportation financings, and is well known for his work with major public facilities projects. He is also known for structuring intergovernmental and public-private cooperative projects, and represents public and nonprofit entities in contract negotiations. Hugh teaches local government law and state constitutional law at the U.W. Law School, and has published widely on public finance, public contracting and related topics.

Joseph Tovar, FAICP, is a city planning and management consultant who also serves as the Director of Special Projects for the Northwest Center for Livable Communities at the University of Washington. From 1992 to 2004 he was a member of the Central Puget Sound Growth Management Hearings Board, and from 1980 to 1992 was the Planning Director for the City of Kirkland. Mr. Tovar was the Municipal League Public Official of the Year in 2000 and this year was elected to the College of Fellows of the American Institute of Certified Planners.

Grace T. Yuan, a partner at Preston Gates & Ellis LLP, practices in the areas of land use, municipal and education law. Ms. Yuan has assisted cities, school districts, and counties throughout western Washington with drafting impact fee ordinances. She has also successfully defended a number of impact fee programs from legal challenge.