If you can possibly make it, there will be a LUPA Appeal hearing in  in Snohomish County Superior Court in Everett, Tuesday, December 20th, at 9:30 am.  If you can attend, please plan to arrive at the Snohomish County Courthouse in Everett at least 1/2-hour early to get through the airport style security.  Ask for Judge Millie Judge’s hearing room for the Bexley Ridge appeal.  You will not be allowed to speak, but having many “butts in the seats” will send a message to Snohomish County and the judge that there is great public interest in this decision.  This hearing will be in person and not on Zoom.

This case will set a very important precedent.  Snohomish County Planning and Development Services (PDS) has taken a position that so long as a developer does not add lots to the subdivision, it is a “minor change”.  Under PDS Director Mike McCrary’s administration, PDS can set aside any conditions in a Hearing Examiner’s decision, or any requirement or commitment made in an Environmental Impact Statement (EIS), all without any notification to the public or parties of record, just so long as no more than 10-lots or so are added to the subdivision.  This policy makes a mockery out of the SEPA and Hearing Examiner process, and a joke out of public participation.

In the Bexley Ridge case, 200-trees were deleted with absolutely no intention of replacing them, so that developer Lennar could build a cheaper retaining wall to improve its profit margin because it paid too much for land.  At $214,000 per undeveloped lot, Lennar paid the highest price ever for residential land in Snohomish County.  Planning Commissioner Merle Ash, who firm Land Technologies was paid to make the wall change, was complicit in facilitating the tree deletion with no intention of tree replacement.

I know many of you have fought and worked on this appeal over the past 17-years, so I would like to encourage you to attend the hearing, if at all possible.  Just your presence could help make a difference!