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Posted on: October 19, 2021

Lawsuit Challenging Approval of City’s Water System Plan Dismissed

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On October 15, 2021, King County Superior Court Judge Patrick Oishi dismissed a lawsuit filed by Friends of the Snoqualmie Valley Trail and River (FOSVT) appealing the Washington State Department of Health’s approval of the City of North Bend’s 2020 Water System Plan. 

In August, the Department of Health (DOH) filed a Motion for Summary Judgement, stating that FOSVT had not established standing in the case legally required under RCW 34.05.530.  The City filed a Joinder in and Adoption of the DOH Motion for Summary Judgment.

In his decision, Judge Oishi – after considering evidence and argument of counsel - granted the Department of Health’s Motion for Summary Judgement and dismissed the lawsuit in its entirety with prejudice, meaning the lawsuit cannot be refiled with the court. 

North Bend’s Water System Plan outlines the City’s plan – consistent with Growth Management Act (GMA) requirements and other state law - to deliver safe and reliable drinking water to its current and future customers, including both City residents and Unincorporated King County residents. 

In addition to the DOH approval, the 5-year Water System Plan was also approved by the North Bend City Council, the King County Council, the King County Utilities and Technical Review Committee and the Washington State Department of Ecology. 

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