ISLAND COUNTY: Judge grants city’s motion for summary judgment in litigation over Oak Harbor parkland code

Jessie Stensland reports from Island County Superior Court for the Whidbey News-Times. Read the whole story.

A judge sided with the city of Oak Harbor in a lawsuit over the council’s decision to change a code that previously required a vote of the people before any city-owned park land can be sold or transferred to a private entity.

The decision is good news for a developer who proposed building a Hilton hotel in downtown Oak Harbor that would need part of adjacent Hal Ramaley Park as part of the project.

On April 11, Island County Superior Court Judge Carolyn Cliff granted the city’s motion for summary judgment and dismissed a complaint for declaratory judgment and constitutional writ of certiorari filed by the nonprofit group Whidbey Environmental Action Network, which is known as WEAN.

They Said It

Marnie Jackson, the executive director of WEAN, said leaders of the group were disappointed in the judge’s ruling.

“We are in a moment of discernment as a team around what our next steps will be,” she said. “However, we do believe the city of Oak Harbor violated the State Environmental Policy Act, or SEPA, and we may still have some legal recourse for the community of Oak Harbor.”

City officials, on the other hand, are pleased that the judge “found that the city did nothing wrong and dismissed all of WEAN legal claims, and the city looks forward to receiving the final written order from the Superior Court dismissing the case,” according to a statement.

Ed. Note: Ms. Jackson is also a Director at the South Whidbey School District.