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Court of Appeals Upholds SHB, Superior Court Decisions

The Washington State Court of Appeals, Division 1 decision affirmed the Shorelines Hearings Board (SHB) decision to deny the 5 acre geoduck aquaculture permit in Henderson Bay/Pierce County. The Court of Appeals stated: 1. “We conclude the SHB did not err in concluding the Coalition met its burden of proving the permit buffers did not adequately protect eelgrass from adverse impacts in violation of the SMA (Shoreline Management Act) and Pierce County SMP (Shoreline Master Program).”.. The Coalition relied on the FSEIS buffer to argue the buffers approved by the Hearing Examiner were inadequate. The FSEIS identifies the need for a “2-foot vertical buffer...