Law Seminars International Presents: A Comprehensive Two-Day Conference on

Land Use in Washington
New issues and updates

Order Download PDF Brochure

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

April 21 & 22, 2008
Washington State Convention and Trade Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, real estate licensees, landowners, developers, governmental officials, planners, consultants and engineers

Why Order

No matter how many times we host this Land Use in Washington Conference , we always have a NEW set of issues and updates to discuss. Even issues that have been around for years evolve as local governments change their way of doing things, as the state legislature tweaks and sometimes even revamps the framework legislation, and as the administrative boards and courts continue to interpret and reinterpret the governing statutes and common law principles. 2008 brings new areas of concern for land use practitioners, the implications of Climate Change and the Puget Sound Initiative to state and local land use practice. This two-day conference is intended for attorneys and other land use practitioners and is geared to the mid-level to advanced audience.

~ Program Co-Chairs: Jay P. Derr, Esq. and Eric S. Laschever, Esq.

You Will Learn About

Agenda

Monday, April 21, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Jay P. Derr, Esq., Program Co-Chair
GordonDerr LLP / Seattle, WA

Eric S. Laschever, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA

 
8:45 am

Permitting and Administrative Appeals

The open record and closed record administrative appeals; how to make your case before the quasi- judicial tribunal

G. Richard Hill, Esq.
McCullough Hill, PS / Seattle, WA

Barbara Dykes, Esq., Hearing Examiner
Snohomish County Hearing Examiner / Everett, WA

 
9:45 am

Land Use Petition Act Appeals: Current Issues, Practice Tips and Settlement Strategies

What kind of relief is available? Jurisdictional stumbling blocks: What goes to Superior Court, what goes elsewhere? How to negotiate and execute a settlement; other recent developments and practice tips

George A. Kresovich, Esq.
Hillis Clark Martin & Peterson, P.S. / Seattle, WA

 
10:30 am

Break

 
10:45 am

Land Use Appeals When the Decision Maker is not a Local Government

Writs and declaratory judgment actions

Jason Morgan, Esq.
Stoel Rives LLP / Seattle, WA

 
11:30 am

What is the Washington State Supreme Court Thinking Regarding Land Use and GMA?

A multi-media replay of the arguments in Swinomish v. Western Washington Growth Management Hearings Board: Watch the court in action; can you predict the outcome?

Jay P. Derr, Esq., Program Co-Chair
GordonDerr LLP / Seattle, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Enforcing the Land Use Decision

Nuisance actions; local government code enforcement; third party actions

John F. Briggs, Esq., Deputy Prosecutor
King County Prosecuting Attorney's Office / Seattle, WA

 
2:15 pm

Damages Claims

Takings and inverse condemnation, Section 1983, RCW 64.40, tortious interference; bringing them and defending them

Plaintiff's perspective

Elaine L. Spencer, Esq.
Graham & Dunn PC / Seattle, WA

Brian E. Lawler, Esq.
Lawler Burroughs & Baker, P.C. / Seattle, WA

Defendant's perspective

Stephanie E. Croll, Esq.
Keating, Bucklin & McCormack, Inc. / Seattle, WA

 
3:45 pm

Break

 
4:00 pm

Shorelines Issues

Master Shoreline Plan updates and related ESA consultation issues

Thomas R. Bjorgen, Esq.
Bjorgen Bauer, PLLC / Olympia, WA

Recent Shoreline Hearings Board and court case development

Kay Shirey, Esq., Assistant Attorney General - Ecology Division
Washington State Attorney General's Office / Olympia, WA

 
5:00 pm

End of Day

 

Tuesday, April 22, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Puget Sound Initiative Implications for Land Use

Overview

The Hon. Larry Phillips, Councilmember, Moderator
King County Council / Seattle, WA

What it means for Puget Sound, local land use plans and regulations; overview of the Initiative and other land use implications

Kathy Fletcher, Executive Director
People For Puget Sound / Seattle, WA

Implications for local stormwater regulations

Jeff B. Kray, Esq.
Marten Law Group / Seattle, WA

 
9:45 am

Recent Developments in Wetlands Issues

Mitigation banking, Rapanos jurisdictional implementation

Brent Carson, Esq.
GordonDerr LLP / Seattle, WA

 
10:30 am

Break

 
10:45 am

Climate Change Implications for Local Land Use Policy Making and Permitting Requirements: GMA, SEPA, Other Local Regulations and Initiatives

Overview: What is happening? How local land use decisions contribute to the problem

Lara Whitely Binder, Outreach Specialist
University of Washington Climate Impacts Group / Seattle, WA

A panel discussion of what it might mean for land use plans and regulations

Eric S. Laschever, Esq., Program Co-Chair, Moderator
Stoel Rives LLP / Seattle, WA

Dennis McLerran, Esq., Executive Director
Puget Sound Clean Air Agency / Seattle, WA

Harry Reinert, Special Projects Manager
King County - Development and Environmental Services / Seattle, WA

Ross A. Macfarlane, Esq., Senior Advisor
Climate Solutions / Seattle, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Moratorium, Interim Controls and Vesting

Richard L. Settle, Esq.
Foster Pepper PLLC / Seattle, WA

 
2:00 pm

Transfer/Purchases of Development Rights: A Preservation Tool

Compensation for regulation; impacts on affordable housing; method of resource lands conservation; case study from Pierce County

The Hon. John W. Ladenburg, Esq., County Executive
Pierce County Executive's Office / Tacoma, WA

Jeremy Eckert, Director of TDR Programs
Cascade Land Conservancy / Seattle, WA

Jeff Pavey, Director
Cascade Land Conservancy / Seattle, WA

 
3:00 pm

Break

 
3:15 pm

GMA Issues and Updates

Major decisions from the Hearings Boards and the courts

Jennifer Dold, Esq.
Bricklin Newman Dold, LLP / Seattle, WA

 
4:00 pm

Ethics for Land Use

When you can talk with staff about a permit (particularly if litigation is pending); identifying the client; conflicts within the jurisdiction for government attorneys; issue conflicts in representing private clients

Terese (T.C.) Neu Richmond, Esq.
GordonDerr LLP / Seattle, WA

 
5:00 pm

Evalutions and Adjourn

 

Cancellation

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

Continuing Education Credits

This program qualifies for 13.25 WA CLEcredits including 1 ethics. AICP, Appraiser and Real Estate credits are pending. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

Jay P. Derr, Program Co-Chair, managing partner at GordonDerr LLP, practices in land use and environmental law and is special land use counsel for cities and counties throughout Washington. He is named in "The Best Lawyers in America" and a "Super Lawyer" by Washington Law & Politics.

Eric S. Laschever, Program Co-Chair, a principal with Stoel Rives LLP in land use, environmental and hazardous waste law, focuses on helping private and public clients secure permits and approvals needed to implement large infrastructure, energy and other complex projects. He is named a "Super Lawyer".in Washington Law and Politics.

The Hon. Larry Phillips, Moderator, has served on King County's Council since 1991, where he continues to devote his energy to natural resource issues with a special focus on water quality and the Cedar River.

Lara Whitely Binder, an Outreach Specialist at the University of Washington's Climate Impacts Group, disseminates information to decision makers on the impacts of climate variability and change on the Pacific Northwest.

Thomas R. Bjorgen, partner with Bjorgen Bauer, PLLC, specializes in land use, zoning and municipal law for cities and municipalities.

John F. Briggs is the Senior Deputy Prosecuting Attorney in the King County Prosecuting Attorney's Office, Real Property and Transportation section.

Brent Carson, partner at GordonDerr LLP, focuses on local, state and federal environmental regulations concerning wetlands, threatened and endangered species, air and water pollution, shoreline protection and zoning.

Stephanie E. Croll, shareholder at Keating, Bucklin and McCormack, Inc., focuses on defense of municipal land use cases and defends cities and towns against claims of inverse condemnation.

Jennifer Dold, partner at Bricklin Newman Dold, LLP, represents individuals, municipalities, environmental and neighborhood groups in land use and environmental cases.

Barbara Dykes, Hearing Examiner for Snohomish County, has jurisdiction over land use applications and appeals including administrative permit appeals.

Jeremy Eckert, directs Cascade Land Conservancy's transfer of development rights program, developing market-based programs promoting responsible development and conservation of resource lands.

Kathy Fletcher, Founder and Executive Director of People For Puget Sound, sits on the Northwest Straits Commission and the Washington State Oil Spill Advisory Council.

G. Richard Hill, founding principal of McCullough Hill, PS, practices land use, zoning and growth management law. He is listed in Best Lawyers in America, Chambers USA and Washington Law & Politics' "Top 100 Lawyers".

Jeff B. Kray, partner at Marten Law Group, focuses on water resources, water quality, and environmental, civil, and appellate litigation, and is named a "Super Lawyer" by Washington Law and Politics.

George A. Kresovich, partner, Hillis Clark Martin & Peterson, P.S., specializes in land use and environmental law. He is named a "Super Lawyer" by Washington Law & Politics.

The Hon. John W. Ladenburg is the elected Pierce County Executive. Previously he served four terms as Pierce County Prosecutor and was President of the Washington State Association of Prosecuting Attorneys.

Brian E. Lawler, partner at Lawler, Burroughs & Baker, P.C., focuses on real estate development, land use and environmental law, is Chair of the National Business Institute on real estate and land use law and is named a "Super Lawyer" by Washington Law and Politics.

Ross A. Macfarlane, Senior Advisor for Business Partnerships at Climate Solutions, was instrumental in drafting the Climate Action and Green Jobs Priority. He is named a "Super Lawyer" by Washington Law & Politics.

Dennis McLerran, Executive Director of the Puget Sound Clean Air Agency and a member of the Governor's Climate Advisory Team, was past Chair of the Land Use and Environmental Law Section of the Washington State Bar.

Jason T. Morgan, of Stoel Rives LLP, focuses on natural resource and land use permitting and litigation before the Growth Management and Pollution Control Hearings Boards, U.S. Department of Interior Board of Land Appeals and state and federal courts.

Jeff Pavey is Project Coordinator for the Cascade Agendaat Cascade Land Conservancy. Previously, he conducted policy analysis and coordinated projects for non-profit organizations.

Harry Reinert, Special Projects Manager of the King County Department of Development and Environmental Services, works on ESA, environmental and legislative issues.

Terese (T.C.) Neu Richmond, partner at GordonDerr LLP, represents state and local governmental agencies focusing on environmental law, land use and water law, with an emphasis on policy.

Richard L. Settle, of counsel at Foster Pepper PLLC, practices land use and environmental law, including SEPA/NEPA law and litigation. He wroteThe Washington State Environmental Policy Act, A Legal and Policy Analysis.

Kay Shirey is an Assistant Attorney General representing the Washington State Department of Ecology. She focuses on shorelines, air quality, water quality and spills.

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