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Sisley v. San Juan County

Citation: 7 ELR 20821
No. No. 44592, 569 P.2d 712/(Wash., 09/22/1977)

The court reverses the trial court and remands the case to the Board of County Commissioners for preparation of an environmental impact statement (EIS) in conjunction with the issuance of permits for a proposed marina. The granting of a county building permit and a substantial development permit under the State Shoreline Management Act concededly constitutes major action within the meaning of the State Environmental Policy Act (SEPA). Applying the standard of review appropriate in SEPA cases, the court finds the Board's threshold determination that this action required no EIS because it entailed no environmentally significant effects to be "clearly erroneous." A review of the entire record indicates a reasonable probability that the proposed marina will have more than a moderate effect on the quality of the surrounding environment. The Board's negative threshold determination was therefore a mistake and preparation of an EIS is required.

Counsel for Plaintiffs-Appellants
Roger M. Leed
Shroeter, Goldmark & Bender
1411 Fourth Avenue, Seattle WA 98101
(206) 624-8901

Counsel for Respondent San Juan County
John B. Nason
Rte. 1, Box 32, Lopez WA 98261
(206) 468-2649

Counsel for Respondent Carpenter
Duncan A. Bonjorni
Bonjorni, Harpold & Fiori
1621 S. Central St., Kent WA 98031
(206) 833-5840

STAFFORD, Associate Justice, WRIGHT, C.J., and ROSELLINI, HAMILTON, UTTER, BRACHTENBACH, HOROWITZ, DOLLIVER and HICKS, JJ., concur.