First, the formal Board order allowing the Whatcom Land Trust to intervene in the case. Two good things came out of the request that the Trust not be allowed into the case. The Presiding Officer ordered that the Land Trust "...may not change or add to the issues presented for resolution as set out in the Prehearing Order in this case," and that, "Should the Petitioner and the Respondent enter into settlement negotiations, the Intervenor shall not be a necessary party to those discussions."
The WLT had worried in their motion to intervene that the County might come to its senses and do a settlement with Jack Petree. If the County does decide to settle, the Trust has nothing to say about it.
A couple of people have said something to the effect of, "What do you expect out of a board appointed by the Governor?" That is unfair in this case. The Board made exactly the right decision. State law makes it very difficult to keep an intervening party out of a case but, here, the party is restricted to sticking with the issues and, may not interfere in a legitimate negotiation process that saves everyone time and money and begins a proper process to discuss the importance of Resource Lands in Whatcom County.
Second, a new challenger to the county in the garb of the forest products industry has been mounted. Tom Westergreen, Richard Whitmore, and the A.L.R.T. corporation (a timber harvesting firm) have lawyered up and challenged the reconveyance. The Hearings Board has consolidated the Petree challenge and the new challenge so, a new timeline is established. The challenges will be decided in November.
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