County Says Hearings Board Has No Jurisdiction Because The County Can Go Back On Its Word And Break The Law If It Wants

My brain hurts.  Had to write responses to the County's, and Whatcom Land Trusts, challenge to Hearings Board jurisdiction this week... 40 hours of misery.

Boiled down, the County's primary legal issue is, "Our word doesn't mean anything so it is not illegal to break our word.  Because we can break our word at will, even if it violates the law, the Hearings Board doesn't have the right to say we did anything wrong."

In short, the DNR is required, by law, to believe the County when it says it can, and will, use the land for a public park.  There is no further formal  public process once the County's hearing is completed.  The DNR is required, by law, unless there is a flaw in the County's application, to allow reconveyance... That is what the challenge is all about.

Even if the County has lied, deliberately or inadvertenly on its application, reconveyance must be allowed unless DNR realizes it has been duped.  A Hearings Board decision is the only way to legally inform the DNR it has been duped so, of course, the County is frantic about making sure the Board doesn't get to make a decision.

Once reconveyance has taken place reversing the act and returning the land is virtually impossible.  The County has the land and doesn't have to do a thing with it, law or no law,  except thumb their nose at DNR, and any citizen who actually expected a park, and tell them to go pound sand if they don't like it.