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GordonDerr successfully assisted Kitsap County in a number of challenges to its Growth Management Act (GMA) Comprehensive Plan and Development regulations and its SEPA and impact fee assessment processes. GordonDerr successfully defended Kitsap County's 1998 GMA Comp Plan and regulations and its SEPA process against numerous challenges before the Growth Management Hearings Board (GMHB). Bremerton, et al., v. Kitsap County, CPSGMHB Case No. 95-3-0039c. GordonDerr also represented the County in the superior court appeals of the GMHB decision, as well as the appeals of the superior court decision. The County was successful in the superior court and in the Court of Appeals. See Manke Lumber Company v. Central Puget Sound Growth Management Hearings Board, 113 Wn. App. 615, 53 P.3d 1011 (2002). GordonDerr also successfully defended the County in Hearings Board challenges to its 2003 GMA Comp Plan amendments and assisted the County prosecutor with regard to the County's 2004 GMA updates.
GordonDerr also defended the County in a class action lawsuit challenging the County's actions with regard to assessment and collection of impact fees during the time the County's plan was out of compliance with GMA. The Superior Court found that the County acted improperly and awarded millions of dollars in damages to the Plaintiffs. GordonDerr successfully appealed that award to the Washington Supreme Court; which found in favor of the County and reversed the damages award. See James v. Kitsap County, 154 Wn.2d 574, 115 P.3d 286 (2005).
Prior to the recent proceeding, GordonDerr also successfully negotiated a settlement to previous legal challenges by citizen groups to the County's GMA interim regulations.
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