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Resident urges commissioners not to cede land-use appeals to unelected hearing examiners
Summary
A resident told the Thurston County Board of County Commissioners that if the board stops hearing land-use appeals, residents will lose a direct democratic avenue for accountability; she urged the board to retain its appellate role and suggested training and rules to manage quasi-judicial conflicts.
Rhonda Larson Kramer told the Thurston County Board of County Commissioners on Sept. 2 that a proposal by some board members to remove the board from land-use appeals would reduce accountability and limit residents' access to a democratic remedy.
Larson Kramer said that when an appeal goes to superior court, judges are limited to reviewing the hearing examiner’s decision for legal error and must apply a presumption of correctness to the examiner’s ruling. She told the board that the elected commissioners are able to consider broader policy implications in appeals — an option she said a judge could not provide.
Larson Kramer urged the board to preserve its current role and, if the board is concerned about fairness or ex parte communications, to manage the quasi-judicial role through training and clear boundaries so constituents still have access to an elected appellate body. She also warned that shifting appeals to court would increase attorney-fee barriers for residents.
No formal proposal or motion to change the appeals process was adopted at the meeting; Larson Kramer’s remarks were delivered during general public comment. Commissioners did not announce a change to the appeals process during the meeting.
