Land Use

NOTICE:
The timelines for land use cases are extremely short and inflexible. Missing a comment or filing deadline can often mean that you have lost your case. Similarly, if you fail to raise a legal argument in your comments, you may have waived it forever. Please, consult with a land use attorney right away!

Smith & Lowney represents communities across the state who are fighting to protect their local environment and quality of life. We treat these land use cases as the emergencies they are. We help communities to form non-profit corporations and to develop legal, political, grassroots, and media strategies to oppose harmful land uses. 

The following are representative cases: 

Crude-by-Rail and Oil Project Litigation. We have represented Friends of Grays Harbor, Sierra Club, Advocates for a Cleaner Tacoma, and other organizations in opposing proposals to build new fossil fuel terminals in Washington State.  So far, we have played a role in successfully opposing projects in Grays Harbor, Vancouver, and Bellingham, and we continue to represent Sierra Club and ACT in opposing a proposed liquefied natural gas (LNG) plant in Tacoma.   

Thornton Creek Legal Defense Fund v. City of Seattle. After years of litigation, we defeated a proposal to build a multi-million-dollar addition to Northgate Mall directly over Thornton Creek. Successive litigation resulted in a decision by Northgate's owners to sell the creek corridor to the City of Seattle. We assisted clients to develop and implement long-term legal and political strategy. As part of this strategy, we assisted our client to run a citywide initiative campaign on creek restoration. Ultimately, City of Seattle agreed to fund a project to "daylight" Thornton Creek through Northgate Mall, representing a 100% victory in one of the hardest-fought land use battles in recent Seattle history.

Friends of Grays Harbor v. Westport. We represented FOGH and Washington Environmental Council in a series of appeals and lawsuits to prevent the building of an 18-hole golf course, luxury resort, and 200 condominiums in a 56-acre wetland complex in Westport, Washington. Once the development was stopped, the site was turned into a state park.

Friends of Grays Harbor v. Department of Corrections. Successful litigation concerning the siting of Stafford Creek Corrections Center in Grays Harbor Washington. Settlement saved 17 acres of intertidal wetlands and delivered millions of dollars of improvements to the Aberdeen sewage treatment plant, helping to reduce pollution entering the Grays Harbor Estuary.

Citizens against SeaTac Expansion. v. Department of Ecology. On behalf of long-term clients CASE and the Airport Communities Coalition, our firm challenged the water quality certification for the Sea-Tac Third Runway. After a ten-day trial, the Pollution Control Hearings Board (PCHB) imposed sixteen new conditions on the project.  

Enloe Dam Re-Electrification. We represented concerned citizens and Columbiana in two appeals regarding a proposal to re-electrify Enloe Dam in Okanogan County. We argued that the Public Utility District had not provided the public with proper notice, leading to a withdrawal of the approval and republication of the notice. Ultimately, the Public Utility District reversed course and decided not to pursue re-electrification of the dam, bolstering the prospect of removing the dam altogether.  

Clallam County Asphalt Crushing Conditional Use Permit.  In one of our many mining cases, we represented a neighborhood to challenge a conditional use permit to allow asphalt processing on a mining reclamation site. The Clallam County Hearing Examiner agreed with our legal arguments that the project was impermissible, leading the developer to abandon the project. 

» For more information or to request a case evaluation, click here.