Resort sues county over BBWARM

Published on Wed, Jul 28, 2010 by By Tara Nelson

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A Birch Bay resort has filed a lawsuit against Whatcom County claiming it should not have to pay stormwater fees assessed through the Birch Bay Watershed and Aquatic Resources Management program.

Doug Robertson, an attorney with Belcher Swanson law firm who is representing Sound Pacific Resources, wrote in an appeal in Whatcom County Superior Court that the county should not have assessed  $55,878 to the Beachwood resort but rather to the individual members who occupy mobile homes there.

In a second appeal to the hearing examiner Michael Bobbink, Robertson added private landowners in general should not have to pay because, he claims, the county does not assess a fee on public property.

The BBWARM fee structure was created in 2008 as a result of planning by Birch Bay residents who wanted to protect the bay and surrounding watershed.

Robertson was not available for comment. A court date will likely be scheduled within a month, said a spokesperson for the Belcher Swanson law firm.

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