Central Puget Sound Growth Management Hearings Board - Appeals (City of Sultan)
Audio Clip: Sultan Mayor Tolson re Board's "bias"
Professional bios of CPSGMHB board members:
*As of July, 2006, Mr. Laing has departed from the board. Mr. Dave Earling has been appointed to fill that board position.
(In chronological order, first Fallgatter/Kirkman appeal through most-recent)
04-3-0021 - Fallgatter/Kirkman v. City of Sultan - Re Ord. 853 and 854, park fees "in lieu of"
- Final Decision and Order (decision issued June 13, 2005)
- Order Rescinding Invalidity and Finding Compliance [Re: Ordinance Nos. 853-04 and 854-04] (decision issued November 14, 2005)
05-3-0008 - Fallgatter II et al v. City of Sultan - (See explanation below, and "Fallgatter III" below.)
- Fallgatter II, et al v. City of Sultan (1/25/05) - This is not linked to a decision becuase this appeal became addressed issues which were eventually incorporated/combined into "Fallgatter III." [Note: Josie Fallgatter has promised to author a "simple" explanation of how these two appeals became combined. For consistency sake, I have also requested a copy of her original PFR (Petition For Review) to the Board on this issue.]
05-3-0010 - Fallgatter III, et al. v. City of Sultan ("Fallgatter III") - Re Urban Center zone, Ord. 852-04; non-compliance with GMA
- 05-3-0010c,
Order
of Dismissal (decision issued March 8, 2005). Reason for dismissal:
Not timely filed, missed filing deadline by one day, due to date miscalculation.
[NOTE: At the city's request, Fallgatter/Kirkman entered into a settlement extension process. During settlement discussions and negotiations,, a settlement agreement was reached: Settlement Agreement between the City and petitioners Fallgatter & Kirkman. However, because the city failed to comply with portions of this settlement agreement, Fallgatter/Kirkman filed another appeal which became "Fallgatter V."]
05-3-0035 - Fallgatter IV v. City of Sultan - Re Resolution 05-08, Water & Sewer Availability Procedures
- Fallgatter IV v. City of Sultan, Order Denying Dispositive Motion (decision issued September 14, 2005)
- Fallgatter IV, et al v. City of Sultan, Order of Dismissal (decision issued October 27, 2005 because the City repealed the water and sewer availability resolutions)
06-03-003 - Falllgatter V, et al v. City of Sultan - Re Asserting Failure to Act and inconsistencies with Comp Plan on varoius issues such as CFP re Parks, 6-year TIP, Water and Sewer Plans. For "heart" of problems, read Page 1 and Pages 23-25 of Final Decision & Order [ FDO].
- Order on Motions (decision issued April 24, 2006)
- Order Regarding Disqualification of Board (decision issued June 5, 2006)
- Final Decision and Order (decision issued June 29, 2006)
06-03-0017 - Fallgatter VI v. City of Sultan - Re challenge of Ord. 904-06 (Abolishment of City's Plng. Commission) and Ord. 913-06 (Establishment of a city Stormwater Plan. This is still a CURRENT appeal.
- Order on Motions and Order Amending Schedule (decision issued June 29, 2006)
06-3-0023 - Fallgatter VII v. City of Sultan - Re Reese/WTP annexations -- Ord. 922-06 and 923-06, respectively -- inconsistent with Comprehensive Plans
- Order of Dismissal (decision issued June 29, 2006) Petition dismissed with prejudice for jurisdictional issues.
ALSO:
04-3-0020, Sky Harbor, et al. [Barclays North] v. City of Sultan (7/23/04) - No link to decision