City stresses de novo legal review and says trial court did not reach merits

Oscar Ray, counsel for the City of Redmond, opened the city's response by addressing the standard of review. He told the court there is a dispute in the briefing over whether the review is de novo or substantial-evidence for factual findings and argued the "discrete legal issues in this case are questions of law that will be reviewed by this court, de novo."

The bench observed that the trial court dismissed on a procedural ground (finding the Growth Management Hearings Board may have jurisdiction) and therefore "didn't get to the merits." Both sides acknowledged that some factual findings in the trial record, to the extent entered, would be verities on appeal even as the court resolves the legal question presented.