Appellants ask Skagit County to withdraw staff objection to intervention in Overlook Crest shoreline hearing

An appellant in the Overlook Crest shoreline permit appeals asked the Skagit County Board of County Commissioners on Feb. 3 to request that county planning staff withdraw their objection to the appellants' motion to intervene in an upcoming pre-decision hearing before Hearing Examiner Majumdar.

Jan Edelstein said a mid-December change to the county's rules of procedure requires appellants to file motions to intervene rather than participate as parties by right. "Because of your adoption of mister rules of procedure in mid December, I am now required to file a motion to intervene rather than to simply participate as a party like the applicant and the planning department do," Edelstein told commissioners.

Edelstein said appellants had prepared an expert witness on stormwater impacts and wanted the ability to engage in scheduling, discovery and other prehearing procedures. She said the county planning staff had objected to the motion on the basis that staff could adequately represent the public interests. "We appellants have just dedicated significant time, money, and effort to protect Big Lake. We've provided an expert opinion from a very senior stormwater professional who will appear as our expert witness. Please help us get a chance to effectively make our case at the next hearing," she said.

Edelstein said the applicant had taken no position on the motion to intervene and that she had discussed the matter with the applicant's counsel, who said they had no objection but needed to consult their client. The planning staff's objection was noted on the record; commissioners asked staff to watch the meeting recording and to respond.

No action was taken by the board during the Feb. 3 public comment period; staff said they would review the recording and respond to Edelstein off the record or by follow-up correspondence.