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Court of Appeals finds YarrowBay followed the correct procedure for master planned developments in Black DiamondBlack Diamond, Wash. – December 27, 2011 – The State Court of Appeals ruled today to reverse the February ruling by the Growth Management Hearing Board (GMHB) regarding YarrowBay’s master planned development permit approval ordinances in Black Diamond, finding that the GMHB did not have jurisdiction to review the 2010 MPD permit approval ordinances in the first place. In its decision, the Court of Appeals concludes that Toward Responsible Development’s appeal to the GMHB was an “impermissible collateral attack” and that the 2010 MPD permit approval ordinances adopted by the City of Black Diamond are in fact project permits. This decision comes ten months after the GMHB improperly ruled that that City of Black Diamond should have followed a legislative process rather than a quasi-judicial process while considering YarrowBay’s MPD applications. The ruling by the GMHB did not invalidate the permit approval ordinances however, and, as a result, YarrowBay was able to appeal the decision while continuing the Development Agreement review and approval process. Today’s Court of Appeals ruling corrects the GMHB’s February decision and supports YarrowBay’s ongoing statement that the City of Black Diamond followed the correct process in reviewing and approving its MPD applications for the planned communities of The Village and Lawson Hills. “This decision confirms what we’ve been saying all along—we’re doing it right, we’re following code and most of all, we’re excited to continue moving forward to work with the City and the citizens to implement our MPDs to bring new jobs, attract and expand business, provide trails, open space, parks, and school sites - all of the benefits of executing the vision of an economically viable and vibrant future in Black Diamond, “said Brian Ross, CEO of YarrowBay. The Black Diamond City Council voted to unanimously approve the MPD permit approval ordinances for The Villages and Lawson Hills in September 2010. The Council approved the Development Agreements for the MPDs earlier in December. The designs for both planned communities call for mixed-use, walkable neighborhoods that retain small-town character and appreciation for the natural surroundings. The Villages Planned Community was recognized in October with a 2011 national Builder’s Choice Design & Planning Award - “Best Site Plan over 20 acres” – reflecting the innovative and sustainable approach utilized by YarrowBay in its design. ## Media Contact: Jennifer Sandberg, Nyhus Communications LLC for YarrowBay Holdings (206) 227-9494; jen.sandberg@nyhus.com
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