GordonDerr has extensive experience representing clients in administrative and judicial land use appeals. While GordonDerr strives to resolve disputes amicably in the interests of clients, when necessary the firm vigorously advocates clients' positions. GordonDerr has represented clients in appeals and defense of appeals at all forums, including Hearing Examiner proceedings, City and County Councils, Washington's Environmental Hearings Boards, Growth Management Hearings Boards, and at various levels of state and federal court. Our depth of experience with land use appeals has given us a strong command of the procedural requirements and substantive standards. We approach permitting with an eye towards making a strong substantive record in the event of appeal and pride ourselves on finding creative and persuasive arguments.

Focused Knowledge and Experience

  • Washington Land Use Petition Act (LUPA) appeals
  • Federal Court appeals
  • Local Government Administrative/Hearing Examiner appeals
  • State Environmental Hearings Board appeals
  • Pollution Control Hearings Board
  • Shorelines Hearings Board
  • State Growth Management Hearings Board
  • Federal Administrative appeals (e.g., EPA and Corps)
  • Other land use appeals, including writ actions, declaratory judgments and injunctive relief.

Representative Accomplishments

  • Defended local jurisdiction in development impact fee appeal resulting in judgment before the State Supreme Court, saving the jurisdiction several million dollars and setting precedent on an issue of first impression regarding the interpretation of LUPA
  • Defended regional airport in an appeal before Central Puget Sound Growth Management Hearings Board resisting a challenge to downzone the client's property and prohibit the expansion of an "essential public facility."
  • Represented regional utility provider before local government and State Energy Facilities Siting Council in defense of appeals of permits to site wind power facilities.
  • Defense against citizen's Clean Water Act lawsuits before Federal District Court and Ninth Circuit Court of Appeals, allowing a major horse racetrack to be built.

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