At oral argument, lawyers dispute whether RCW 36.70A.120 reaches site-specific right-of-way permits
September 18, 2026 | Other Court, Judicial , Washington
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A central dispute at argument was statutory scope. The bench asked whether RCW 36.70A.120 covers site-specific projects or only planning activities; Jay Richard Ramberer responded, "It is a site specific approval," and urged the court to permit a declaratory-judgment challenge under 36.70A.120.
The panel noted there is "no specific case on that subject" in the briefing and probed how to reconcile prior cases such as Woods and Kittitas County. Ramberer argued the statute "plainly requires that actions be taken in conformity with the comprehensive plan" and therefore can constrain project-level permits. The court will resolve whether that statutory reading displaces Growth Management Hearings Board jurisdiction over this kind of permit challenge.
The panel noted there is "no specific case on that subject" in the briefing and probed how to reconcile prior cases such as Woods and Kittitas County. Ramberer argued the statute "plainly requires that actions be taken in conformity with the comprehensive plan" and therefore can constrain project-level permits. The court will resolve whether that statutory reading displaces Growth Management Hearings Board jurisdiction over this kind of permit challenge.
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