By Mike Richards, The Lens

Washington state lawmakers are indicating that a priority in the 2017 session will be mitigating or reversing a recent State Supreme Court ruling seen as effectively barring development on properties where well water is required.

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On November 19, Snohomish County Superior Court Judge Jennifer Langbehn issued a final decision in a lawsuit challenging Initiative 24-03. The lawsuit was brought by the Master Builders Association of King and Snohomish Counties, together with several of its homebuilder members and other businesses operating in Everett and Snohomish County. The initiative, sponsored by Standing for Nature, was approved by Everett voters in the November 2024 general election. Consequently, the City of Everett was the named defendant in the lawsuit. However, the city agreed with MBAKS that Initiative 24-03 exceeded local initiative powers and “undermines all of the efforts of the City to protect the environment without shutting down all development and industry within the City.”

Judge Langbehn, in her ruling on MBAKS’s motion to declare Initiative 24-03 invalid, agreed with MBAKS and the city. She confirmed that under state law “[t]his initiative’s provisions are directly contrary to the water rights system established by the State and is outside the scope of the City’s authority.” Judge Langbehn therefore concluded that “Plaintiffs are entitled to a declaratory judgment that Initiative 24-03 exceeds the scope of the local initiative power and is therefore invalid.”

This is an important win for housing, the environment, and the community. “As a trade association with members proudly building homes in the City of Everett, we are grateful that the Judge Langbehn affirmed the position we fought for with city officials and local businesses that Initiative 24-03 is invalid,” said Jerry Hall, executive director of MBAKS. “Homebuilding must already adhere to strict local and state regulations that protect our water, air, and land. We know that environmental protection and housing are not competing goals, they depend on each other. The invalidation of Initiative 24-03 allows this existing framework to continue working as intended. We filed suit because it was necessary to protect the public’s best interest and ensure that our shared values of environmental stewardship are upheld as new homes are built and existing homes are remodeled for current residents, newcomers, and future generations.”

Under the laws governing local initiatives, City of Everett officials acted consistently with their obligation to put Initiative 24.03 before voters once the required number of signatures was verified. State law does not permit the city to consider whether the content of Initiative 24-03 complies with local initiative powers when determining ballot eligibility. As a result, the initiative appeared on the November 2024 ballot in Everett. Following the election, MBAKS asked the Snohomish County Superior Court to invalidate the unlawful initiative.