PORT ANGELES — Clallam County commissioners have removed themselves from the appeals process for land-use permit applications.
The three commissioners voted 2-1 Tuesday to approve policy amendments and an ordinance amending county code that effectively remove the board from the appeals process.
Occasionally, the commissioners consider land-use appeals in a quasi-judicial capacity after the hearing examiner makes a ruling.
Then an appeal
Commissioner rulings could then be appealed to Clallam County Superior Court.
In the future, applicants will appeal unfavorable hearing examiner decisions directly to Superior Court.
“We feel this is in the best interest of the county organization,” said Mark Nichols, Clallam County chief deputy prosecuting attorney.
Nichols said the commissioners will be able to focus more time and effort on their constituents and “allow the legal technicalities and issues to be dealt with by lawyers.”
No one offered testimony at a public hearing on the proposal Tuesday morning.
Commissioners Mike Chapman and Steve Tharinger voted yes.
Commissioner Mike Doherty voted no.
“The representation value of a county commissioner has lots of facets, including ‘I think this level of appeal in land use matters,’” Doherty said.
“Second, it will probably add costs to developers and citizens to go straight to Superior Court and bypass the Board of Commissioners.”
Delays in appeals
Doherty said there likely will be delays in the appeals process because of backups in the civil case calendar.
County Planning Manager Steve Gray said the Community Development Department supported the proposal.
“The nature of these hearings, in my view, have become very judicial, very legalistic,” said Tharinger, who is also a state representative for the 24th District, which covers the North Olympic Peninsula as well as part of Grays Harbor County.
“Usually, these cases end up going to Superior Court anyway,” he said.
“And there’s a considerable amount of staff time and energy — and our time — to study the issues, and yet they’re not resolved at our level.”
Limited information
Tharinger, who is wrapping up his third and final term as a county commissioner this month, added that the closed record appeals that commissioners vote on are limited to information gathered by the hearing examiner.
“It really limits our ability to be a good elected official and exchange ideas and concerns with the citizens we represent,” Tharinger said.
“I think it’s just a process that has run its course.”
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
