Law Seminars International Presents

Final Shoreline Guidelines, Updates to Critical Areas Ordinances; Comprehensive Plans Compliance reviews, and other major current issues in Land Use Law

Washington Land Use Law

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

Who Should Order Homestudy

Lawyers, real estate professionals, government and tribal officials, planners, consultants and engineers

Why Order

"2004 begins with the adoption of final Shoreline Guidelines and will end with the first significant updates to critical areas ordinances. The end of 2004 will also bring the first round of GMA Comprehensive Plan compliance reviews, with the Central Puget Sound counties reviewing everything from rural lands to buildable lands to concurrency standards. The land use agenda, therefore, will be heavily weighted with challenging issues that will shape Washington’s landscape legally and on the ground. This seminar will lay the groundwork for local governments, property owners, and community stakeholders to participate proactively in the evolving land use process." ~ Program Co-Chairs: Eric S. Laschewver, Esq. and Samuel W. "Billy" Plauche, Esq.

What You Will Learn

Final Shoreline Guidelines, Critical Areas Ordinances Updates, GMA Comprehensive Plan Reviews, Rural Lands, Concurrency Standards, LUPA, Buildable Lands, Tribal Issues, A View from the Boards, Hot Issues in Wetlands

Agenda

Thursday, April 15, 2004
8:30 am Land Use Calendar - Milestones for the Next Ten Years
  Schedule of new Shoreline Master Program and GMA Updates
  Cynthia Anne Kennedy, Esq., Program Co-Chair
 Preston Gates & Ellis LLP / Seattle, WA
9:00 am Current Constitutional Issues in Land Use: Recent Decisions
  P. Stephen DiJulio, Esq.
 Foster Pepper & Shefelman PLLC / Seattle, WA
9:45 am Break
10:00 am Local Strategies for Implementing New Shoreline Rules
  Prospectives on how local governments are organizing their efforts on complying with the new Shoreline guidelines
  Cynthia A. Kennedy, Esq., Moderator
 Preston Gates & Ellis LLP / Seattle, WA
  Thomas R. Bjorgen, Esq.
 Bjorgen Bauer, PLLC / Olympia, WA
  Will Hall
 Golder Associates, Inc. / Redmond, WA
  Jeffrey W. Randall, Director of Planning & Building Development
 City of Port Townsend / Port Townsend, WA
11:30 am Special Address: Pollicy Perspectives on the Key Land Use Issues Facing Washington
  Rob McKenna, Esq., Council Member
 Metropolitan King County Council / Seattle, WA
  Mark Sidran, Esq.
 McKay-Chadwell, PLLC / Seattle, WA
12:30 pm Lunch (on your own)
1:30 pm Critical Areas and "Best Available Science"
  GMA requirements, how to tell what science is "Best"", applying the "science" in new contexts, balancing with other GMA objectives and obligations;
  Christine Parsons, Senior Planner
 Washington State CTED / Olympia, WA
  GMA requirements, how to tell what science is "Best," applying the "science" in new contexts, balancing with other GMA objectives and obligations;
  A. W. "Sandy" Mackie, Esq.
 Perkins Coie LLP / Olympia, WA
2:30 pm Concurrency and Infrastructure
  Balancing the GMA mandate to deny or delay if concurrency is not met with the recognition that much of the problem already exists and must be shared by others; are concurrency models used properly?
  George A. Kresovich, Esq.
 Hillis Clark Martin & Peterson, PS / Seattle, WA
  Elaine L. Spencer, Esq.
 Graham & Dunn PC / Seattle, WA
3:30 pm Break
3:45 pm Redeveloping Property for Mixed Use
  Keith Dearborn, Esq.
 Dearborn & Moss PLLC / Seattle, WA
  Donald E. Marcy, Esq.
 Cairncross & Hempelmann / Seattle, WA
4:30 pm Hot Issues in Wetlands
  The Supreme Court 4/4 split on the Borden Ranch; withdrawl of the proposed isolated wetlands rulemaking; State regulation of isolated wetlands; new DOE Guidelines on freshwater wetlands
  Alison Moss, Esq.
 Dearborn & Moss PLLC / Seattle, WA
5:30 pm Adjourn

Friday, April 16, 2004
8:30 am Introduction and Overview
  Samuel W. "Billy" Plauche, Esq., Proram Co-Chair
 Buck & Gordon, LLP / Seattle, WA
8:45 am Land Use Petition Act - Nuts and Bolts
  Procedural pitfalls, standards of review, available remedies, strategies for the litigator
  Jeffrey M. Eustis, Esq.
 Attorney at Law / Seattle, WA
  Patrick J. Schneider, Esq.
 Foster Pepper & Shefelman PLLC / Seattle, WA
9:45 am Buildable Lands
  Status report on Western Counties Compliance with requirements to review lands for housing and employment targeta
  David S. Mann, Esq
 Gendler & Mann, LLP / Seattle, WA
10:30 am Break
10:45 am Issues in the Rural Communities
  Regulating natural resource lands and activities; residential and commercial Limited Areas of More Intensive Rural Development (LAMIRDS); extension of services into rural areas.
  James C. Carmody, Esq.
 Velikanje Moore & Shore PS / Yakima, WA
  John T. Zilavy, Esq., Legal Director
 1000 Friends of Washington / Seattle, WA
11:45 am The Endangered Species Act
  Changing perspectives in the Bush Administration; consultation; practice pointers
  James (Jim) M. Lynch, Esq.
 Stoel Rives LLP / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Tribal Issues
  Tribal rights and the GMA, SMA, culverts and more!
  Mason D. Morisset, Esq.
 Morisset, Schlosser, Jozwiak & McGaw / Seattle, WA
2:15 pm Legislative and Administrative Efforts in 2004
  The view from Olympia: What does the State see as the big land issues this year?
  Geoffrey W. Hymans, Esq., Senior Counsel
 Washington State House of Representatives Republican Caucus / Olympia, WA
  The view from Olympia: What does the State see as the big land use issues this year;
  Ron D. Shultz, Esq., Policy Advisor
 Governor's Executive Policy Office Washington State Governor's Office / Olympia, WA
3:15 pm Break
3:30 pm A View From The Boards
  What are helpful practice points for presenting a land use GMA matter?
  William (Bill) Clarke, Esq.
 Pollution Control Hearings Boarc Board / Lacey, WA
  What are helpful practice points for presenting a land use/GMA matter?
  Dennis A. Dellwo, Esq.
 Eastern WA Growth Management Hearings Board / Yakima, WA
  Margery Hite, Esq., Board Member
 Western WA Growth Management Hearings Board / Olympia, 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 self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is WA CLE 14 (#118645) | CA MCLE 14.25 | WA AICP14 | WA RE 16.5 (#C3864) | WA APP 16.5 (#AP974)

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

Cynthia A. Kennedy of Preston Gates & Ellis LLP is a member of the Environmental and Land Use Department and practices in the area of land use, environmental and natural resources law.

Samuel W. 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.

Thomas R. Bjorgen, is a partner with the law firm of Bjorgen Bauer, PLLC, and specializes in land use and municipal law. He is Past Chair of the Environmental and LUL Section of the Washington State Bar Association.

James C. Carmody, a partner at Velikanje Moore & Shores, P.S., practices in the areas of land use and environmental law, corporate and business law.

William "Bill" Clarke was appointed to the Pollution Control Hearings Board and Shorelines Hearings Board in October 2003. Prior to that time, he was an attorney with Mentor Law Group, pllc in Seattle. In his practice, he represented a variety of private, public, and non-profit clients on natural resource and environmental matters, including water rights, environmental permitting, and legislation.

Keith W. Dearborn of Dearborn & Moss PLLC is a lawyer and planner specializing in environmental and planning issues in the Pacific Northwest. Mr. Dearborn has authored numerous articles including the Bar Association Real Property Desk book chapters on “Development Rights” and the “Growth Management Act.”

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.

P. Stephen DiJulio, a partner at Foster Pepper & Shefelman PLLC, focuses his practice on litigation involving state and local governments, land use, and environmental law. His experience includes eminent domain, utilities, local improvement districts, facility siting and contractor litigation.

Jeffrey M. Eustis is a Seattle attorney who concentrates in land use and environmental law. He is the author of Chapter 111, Land Use Appeals and Litigation--Challenging the Action and he co-authored Chapters 97, Zoning, and 118, Surface Water all within the REAL PROPERTY DESKBOOK (WSBA, the 1997 and 2001 supplements). He is also an adjunct professor of law at Seattle University where he teaches environmental law and particularly a course on NEPA, SEPA and the Endangered Species Act.

Will Hall, of Golder Associates, Inc., is a Senior Natural Resources Planner. He has 15 years of collaborative planning and management experience. He works with local governments and watershed groups to develop and update plans, policies and regulations related to natural resources.

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.

Geoffrey W. Hymans is Senior Counsel for the Republican Caucus of the Washington State House of Representatives, handling land use and transportation issues for the Caucus.

George A. Kresovich, a partner at Hillis Clark Martin & Peterson PS, focuses his practice primarily on land use and environmental law with emphasis on representation of controversial projects at contested administrative hearings before local governments and state agencies.

James M. Lynch of Stoel Rives LLP practice focuses on land use, natural resources and environmental law with an emphasis on the federal Endangered Species Act (ESA), National Environmental Policy Act and Federal Power Act. Jim presently advises a number of public ports, public utilities and industrial water users concerning ESA compliance matters.

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.

David S. Mann is a partner at Gendler & Mann, LLP where he represents clients throughout Washington on land use, environmental and real property disputes, with a focus on protecting and enhancing quality of life and supporting smart growth. David has significant experience before federal and state courts, state administrative hearings boards, and local government hearing examiner and councils and commissions. David served as the president of the Washington Environmental Council between 1996 and 2000 and remains an active board member, serving currently as the chair of WEC’s Legal Committee. In his “spare” time David is an active cyclist, racing locally at the Masters level on the Marymoor Velodrome track.

Donald E. Marcy advises his clients at Cairncross & Hempelmann on land use and real estate development matters. Mr. Marcy has extensive knowledge of the application of laws such as the Growth Management Act as well as Wetlands Regulations such as Section 404 of the Clean Water Act.

Rob McKenna is a Metropolitan King County Council member. He chairs the Regional Transit Committee and is vice chair of the Transportation Committee. He is Chairman of the State Transportation Improvement Board, Immediate past Chair of the Eastside Transportation Partnership, and Vice-Chair of the I-405 Executive Committee. He previously practiced business and regulatory law at Perkins Coie, LLP for many years.

Mason D. Morisset, Morisset, Schlosser, Jozwiak & McGaw, has been a natural resources litigator for over 35 years, including three successful cases in the U.S. Supreme Court, Antoine v. Washington (1975); Washington Fishing Vessel Association (1979); and Arizona v. California (2000).

Alison Moss, Program Co-Chair, 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.

Chris Parsons has worked as a Growth Management Planner for the Washington State Office of Community Development for 9 years. She is a Senior Planner and serves as a water resources and shorelands specialist for the Growth Management Program. Chris provides technical assistance to local governments and citizens on the state's Growth Management Act, fish and wildlife habitat management requirements, water resources and shoreline management issues, and critical areas regulations. She helped to author the agency's "Best Available Science Rule", researched citations of sources of best available science, and helped with drafting the model code provisions for critical areas designation and protection.

Jeff Randall is the Director of Building and Community Development for the city of Port Townsend where he acts as both Planning Director and Building Official. He has worked at the state (CTED), county (Grant and Yakima), and city (Kittitas and Port Townsend) levels over the past 12 plus years. -

Pat Schneider is a member of the Land Use and Environmental Practice Group at Foster Pepper & Shefelman. He previously was a member of the land use group at Stoel Rives. Between 1990 and June, 1997, he was the Director of the Land Use Section of the Seattle City Attorney’s Office, and prior to that a Senior Deputy Prosecuting Attorney for King County. He is a former Chair of the Environmental and Land Use Section of the Bar.

Ron D. Shultz is a Policy Advisor to the Governor for Natural Resources. His primary issues include growth management, agriculture policy, air quality, toxics and hazardous waste, eastside ecosystems, the Columbia River Gorge, and federal environmental issues.

Mark Sidran, Of Counsel at McKay Chadwell, PLLC, has been practicing law for 28 years. He previously served 12 years as Seattle’s elected City Attorney. As City Attorney, he oversaw an active land use group and created an environmental practice group.

Elaine L. Spencer is a shareholder at Graham & Dunn PC, where she focuses on general trial practice with an emphasis on land use, forest practices, water rights, Indian treaty rights, and condemnation.

John Zilavy is the Legal Director of 1000 Friends of Washington, a statewide public interest group working to keep overdevelopment from destroying rural areas, while making cities and towns great places to live.