2016 judicial scorecard
Environment & Land Use
3 cases case name Fairhurst Gonzalez
Gordon McCloud C . Johnson Madsen Owens Stephens Wiggins Yu J . Johnson
Woodway et al ., v . Snohomish County et al . + - + - + + - + NP +
Sara Foster v . Department of Ecology - - + - - - + + - NA
Potala Village Kirkland v . City of Kirkland - NP - - NP - NP - NP NA 2016 33 % 0 % 67 % 0 % 50 % 33 % 0 % 67 % 100 % 100 % 2012 75 % 50 % 25 % 100 % 75 % 50 % 50 % 100 % 25 % 33 % pro-business percentage
2010 71 % 63 % 50 % 100 % 75 % 63 % 63 % 100 % 67 % NA 2008 100 % 75 % 50 % 100 % 67 % 33 % 75 % 100 % NA NA 2006 54 % 46 % 46 % 92 % 62 % 46 % 46 % 89 % NA NA 2004 50 % 54 % 57 % 100 % 56 % 44 % NA NA NA NA
+ AWB Supports Decision - AWB Opposes Decision NP : Not Participating
NA : Not Applicable
Town of Woodway et al . v . Snohomish County et al . 180 Wn . 2d 165 ( 2014 )
In Woodway , the court held that a property owner ’ s rights to develop property vests at the time the permit applications are filed with the county and are not affected by later actions of the growth management board .
AWB agrees with this decision .
Sara Foster v . Washington state Department of Ecology 184 Wn . 2d 465 ( 2015 )
In Foster , the court held that the Department of Ecology exceeded its statutory authority by applying the “ overriding considerations of public interest ” exception under RCW 90.54.020 ( 3 )( a ) to grant the city an appropriation right that would impair minimum instream flows . This decision undermined 20 years of collaborative water planning by the cities of Olympia , Lacey , and Yelm .
Chief Justice Barbara Madsen concurred Justice Susan Owens wrote opinion Justice Mary Fairhurst concurred Justice Charles Wiggins concurred Justice Sheryl Gordon McCloud concurred Justice Mary Yu not on court Justice James Johnson concurred Assoc . Chief Justice Charles Johnson wrote dissent Justice Debra Stephens dissented Justice Steven Gonzalez dissented
Chief Justice Barbara Madsen concurred Assoc . Chief Justice Charles Johnson wrote opinion Justice Susan Owens concurred Justice Mary Fairhurst concurred Justice Steven Gonzalez concurred Justice Mary Yu concurred Justice Debra Stephens wrote dissent Justice Charles Wiggins dissented Justice Sheryl Gordon McCloud dissented
AWB disagrees with this decision .
Potala Village Kirkland , LLC v . City of Kirkland 183 Wash . App . 191 ( 2014 ), review denied February 2 , 2015
In Potala , the court denied review of the Court of Appeals decision that failed to recognize that the statutory vesting rights legislation of 1987 did not eliminate the common law vesting rights doctrine . A denial of review is determined by panels of only five justices . Therefore , as indicated , several justices would not have expressed an opinion . This particular vote is only counted against those who participated .
AWB disagrees with this decision .
Assoc . Chief Justice Charles Johnson denied review Justice Charles Wiggins denied review Justice Susan Owens denied review Justice Mary Fairhurst denied review Justice Sheryl Gordon McCloud denied review Chief Justice Barbara Madsen did not participate Justice Debra Stephens did not participate Justice Steven Gonzalez did not participate Justice Mary Yu did not participate
AWB filed an amicus brief .
10 association of washington business