Guest Column: State Court to Hear Durland Appeal

–by Michael Durland —

I am a longtime resident of Orcas Island and owner operator of Deer Harbor Boatworks and PurRain Watertanks.

This past fall, the Washington State Supreme Court accepted my appeal of the ruling in the 1983 Civil Rights case against San Juan County, (# 89293-8 Michael Durland vs. San Juan County, et al)

This case is about whether San Juan County is required to give public notice of building permits in order for the 21-day time limit for appeals to start. I have stated in Court documents that San Juan County Community Development and Planning issued a building permit for a second story on an adjoining neighbor’s waterfront garage which violated certain regulations of San Juan County Codes, the SJC Shoreline Master Program and the International Residential Building Code.

Further, I state in the record that CD&PD bypassed the Shoreline regulations where a Variance should have been required along with proper notice to adjoining property owners of the permit approval; and instead issued a simple building permit which, according to SJC Code, requires no public notice.

The questions at issue are:

• whether a permit issued in error or on the basis of incorrect information supplied by the applicant is valid;
• whether or not San Juan County is required to give proper public notice of permits in order to start a 21-day period for appeal.

I am asking how a person can appeal a permit if no public notice of the permit is issued by CD&PD? This is especially true when a permit is issued contrary to San Juan County Code.

This is not the first time I have taken San Juan County to Court. In a previous case I contended that the County entered into a contract in the form of a Compliance Plan with my neighbors using inaccurate and undocumented statements saying a property line was found to be incorrect therefore allowing a change of use of an illegally built storage barn.I am in possession of a survey showing the property line was never found to be incorrect and has never been changed.

The County also stated in this Compliance Plan that a private agreement between adjoining property owners could modify County setback requirements.

I prevailed in this case in a decision by the Washington State Court of Appeals where San Juan County argued a final land use decision had been made with the Compliance Plan and there was no avenue to appeal and address the real issues. The Court of Appeals ruled that no final land use decision had been made by San Juan County and I had a right to appeal the contents of the Compliance Plan and also the after-the-fact building permits issued to my neighbors for altering an illegally built barn and changing its use from a storage barn to a guest house.

I have a written document by the San Juan County Deputy Prosecuting Attorney arguing the case, stating that no final land use decision had been made by the County.

I have been an outspoken advocate for the creation of a Review Board made up of SJC citizens who could review decisions and actions of CD&PD and any other County department before both the citizen and the County spend hard-earned money in Court. All my issues with the County could have been prevented by a simple meeting before a citizen board of review.

Tens of thousands of dollars spent by both sides could have been prevented. Why does the Council continues to authorize the PA to spend tax dollars to prosecute individuals when an investigation of the facts before a Review Board would clear up the matter without spending thousands of dollars of County money?