Welcome to Skagit County
July 30, 2008
Skagit County Superior Court signs agreed order finding petition to form Chuckanut Mountains Park District is insufficient as a matter of law
SKAGIT COUNTY - On Friday, July 25, 2008, the Skagit County Superior Court signed an agreed order finding that the petition to form the Chuckanut Mountains Park District in Whatcom and Skagit Counties is insufficient as a matter of law.
The ruling comes as the
result of similar, separate lawsuits filed by the North Sound Conservancy and
the Upper Skagit Indian Tribe. The order holds that the petition, which was
prepared by the Chuckanut Mountains Park Advisory Committee, provided three
conflicting descriptions of the proposed park district and included federal
trust land belonging to the Upper Skagit Indian Tribe in the proposed park district.
Such land is not eligible for inclusion in a metropolitan park district under
Washington law. The discrepancies are such that a court could not conclude what
boundary the signee of the petition had intended, nor could a legal initiative
be drafted for the election ballot therefore the petition is insufficient as
a matter of law.
The court remanded the matter back to the Skagit County and Whatcom County Auditors
for further action consistent with the order. Given the decision that the Advisory
Committee failed to include an accurate legal description in the petition, the
Skagit County and Whatcom County Auditors have withdrawn their determination
of sufficiency.
The order follows on the heels of the unanimous decisions by the boundary review
boards in Skagit and Whatcom Counties to deny the Chuckanut Mountains Park District
proposal.
After the Auditors had certified the petitions based on valid registered voters
signatures, the North Sound Conservancy brought to the Auditors’ attention
complaints about the sufficiency of the petitions which raised issues of significant
public interest. Skagit County Auditor Jeanne Youngquist says, “I am in
complete agreement with the court order.” Roger Mitchell, President of
The North Sound Conservancy says, “The North Sound Conservancy is pleased
with the Court’s decision and that voters have been protected from a legally
incorrect petition reaching a ballot.”
For further information contact:
Arne Denny
Skagit County Prosecutor’s Office
360-336-9460