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Brown v. Tacoma, City of

Citation: 12 ELR 20589
No. No. 10772-1-I, 637 P.2d 1005/30 Wash. App. 762, (Wash. Ct. App., 12/21/1981)

The court upholds the Department of Public Works' determination that the proposed construction of a condominium does not require preparation of an environmental impact statement (EIS). The department issued its declaration of nonsignificance after reviewing an environmental checklist prepared by the project's builder and comments from other city agencies. Initially, the court rejects appellants' contention that the department's decision was based upon an erroneous and biased environmental checklist, finding that the department carefully reviewed the checklist and conducted independent studies of the project's environmental impacts. Next, the court rules that neither the department's extensive analysis of the project's environmental impacts nor its consideration of mitigation factors at the threshold determination stage were improper. Finally, the court rules that the proposed condominium will have only a moderate impact upon the surrounding environment and that, therefore, the department's threshold determination of environmental nonsignificance was not clearly erroneous.

Counsel for Appellants
Ronald E. Thompson
Thompson, Krilich & LaPorte
Suite 1919, First Interstate Plaza, Tacoma WA 98402
(206) 383-4704

Counsel for Respondent
Robert D. Nelson
Davies, Pearson & Anderson
P.O. Box 1657, Tacoma WA 98401
(206) 383-5461

Harding Roe, Ass't City Attorney
740 Saint Helens Ave., Tacoma WA 98402
(206) 591-5885

CALLOW and DURHAM, JJ., concur.