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Division 1 Court of Appeals

Whidbey Environmental Action Network, v. City of Oak Harbor

 

In 2024, a developer proposed a project to the City of Oak Harbor that would use part of a park for a parking lot. The City then passed Ordinance 1999, amending Oak Harbor Municipal Code 1.30.010 to add exceptions to when the City must obtain citizen approval before disposing of park property. The exceptions allow the City to transfer part of the park to the developer. Whidbey Environmental Action Network (WEAN) sued the City, alleging it violated SEPA when it passed the ordinance. The trial court granted summary judgment for the City. WEAN appeals, arguing the City violated SEPA by passing Ordinance 1999 before conducting a SEPA review on the project. COA# 882287. Island County Superior Court# 24-2-00479-15.