Resolution 3528 - Laserfiche WebLink

SECTION 2: STANDING Findings: • Boeing moved to dismiss the appeals of the following parties for lack of standing: Snohomish County Alliance to End Homelessness; Betty Blair; George Smith; Etta Southern; Friends of Responsible and Orderly Growth Society; Citizen Advocates for Responsible Developments; Vision Snohomish County; Snohomish County Improvement Alliance; Paine Field Gun Club, as to all issues unrelated to recreational trap shooting; and Stream Keepers of Everett and Snohomish County. • Section VIIB(5) and Section VIIC of Ordinance No. 1348-87 require that an appellant be an aggrieved party in order to file an appeal. • Citing Washington cases including SAVE v. Bothell, 89 Wn.2d 862 (1978) and Coughlin v. Seattle School District No. 1, 27 Wn. App. 888 (1980), Boeing asserted that in order to be aggrieved, not only must one be within the zone of interest to be protected by the action, but one must also suffer injury in fact. • Boeing alleged that the appellants subject to the motion lacked the requisite injury in fact. Conclusions: • City Council is not required to follow the standard used by the courts to determine standing for purposes of this administrative appeal hearing. • City Council finds that the appellants subject to Boeing's motion to dismiss are aggrieved for purposes of Ordinance No. 1348-87 and, therefore, do have standing for purposes of this administrative appeals hearing. Decision: Boeing's motion to dismiss the appeals for lack of standing is denied. SECTION 3: EIS ADEQUACY Findings: • Appellants Snohomish County Council, City of Mukilteo, Community Transit, Paine Field Gun Club and appellants represented by Johnston and Evergreen Legal Services in their respective appeal letters challenged the legal adequacy of the EIS. 3