PORT TOWNSEND – Expansion plans for the Port Ludlow Master Plan Resort were approved Thursday by the Jefferson County Hearing Examiner, but an opponent says he is likely to appeal.
Jefferson County Hearing Examiner Irv Berteig delivered a 50-page decision that approves developer Port Ludlow Associates’ proposed Master Plan Resort Build-Out and Marina Expansion Project.
“He’s essentially approved what was proposed,” said Barbara Nightingale, Jefferson County Department of Community Development planner .
“His approval and conditions were consistent with the county’s.”
Les Powers, a Yakima tax attorney who owns property in Port Ludlow, said he is likely to appeal the decision.
“The decision hasn’t adequately resolved the issues in a manner designed to reduce further litigation,” said Les Powers, who has met several of PLA’s projects with appeals and lawsuits.
Nightingale plans to send out instructions today to interested parties outlining how to appeal the decision to an appellate hearing examiner.
The appeal must be made within 14 days, and a $709 filing fee is charged.
Attempts to contact PLA representatives for comment on Thursday were unsuccessful.
Powers said he will also seek a legal determination declaring Berteig’s decision null and void, saying that Berteig recused himself in a July letter to the Jefferson County commissioners and should not have been allowed to reinstate himself.
In that letter, Berteig wrote:
“This [Port Ludlow Associates] build-out case has been emotionally charged. Some parties believe that I cannot make a fair decision, and given the continued appellate examiner system in the Port Ludlow [Master Plan Resort], I may agree. Therefore, I must recuse myself from continuing on this case.”
At a Nov. 30 public hearing on the proposed build-out and marina expansion, Berteig said that his letter meant he was frustrated that a decision he had made regarding a proposed Port Ludlow Resort development known as Trendwest was overturned by an appellate hearing examiner.
Port Ludlow Associates withdrew the application for Trendwest last week.
“My position is that Berteig has no jurisdiction,” said Powers.
