Board of County Councilors seeks declaratory judgment from court

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Vancouver, WA – Clark County filed a complaint Monday asking a Clark County Superior Court judge to declare null and void a referendum that put the newly approved Comprehensive Growth Management Plan update on hold.

The Board of County Councilors voted during its July 13 Board Time meeting to file the complaint in response to a citizen activist filing the referendum petition with the Clark County Elections Office five days earlier.

Under the county charter, a referendum petition can be filed it if contains 100 valid signatures of registered voters. The petition Christian Berrigan submitted July 8 contained 137 valid signatures.

Under the charter, once the needed signatures were verified, the growth plan update was suspended. It was approved by the council June 28.

However, in the complaint for declaratory judgment, Chief Civil Deputy Prosecuting Attorney Chris Horne argues the charter limits use of referendum power, excluding its applicability to ordinances required by state or federal law. Under the state 1990 Growth Management Act, Clark County is required to adopt and update plans to manage growth for the future. The newest update will apply until 2035.

Berrigan has 20 days to respond to the complaint.

The complaint asks for an expedited review, saying suspension of the comprehensive plan ordinance harms property owners seeking to develop their land and communities seeking to act on changes to the comprehensive plan.


CONTACT
Chris Horne
Chief Civil Deputy Prosecuting Attorney
(360) 397-2478 ext. 4020
chris.horne@clark.wa.gov