Whatcom County Fire Dist. No. 21 v. Whatcom County
Annotate this CaseIn 2006, Defendant Whatcom County (County) approved three land use applications for development in the Birch Bay urban growth area. Petitioner Whatcom County Fire District No. 21 (the Fire District) filed a Land Use Petition Act (LUPA) petition to challenge the approvals. At issue between the parties was whether the completion of the proposed developments would reduce fire protection services to below an “adequate” level of service. On review of the record, the Supreme Court found that the County had assigned the responsibility for assessing the adequacy of fire protection services to the Fire District. Because the Fire District determined the services it could provide would fall below an “adequate” standard, the lower court properly granted its LUPA petition. The Court reversed the County’s approval of the land use applications for Birch Bay.
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