November 15, 1999August 2, 2026

EXH AR043083: City of Des Moines et al. v. Puget Sound Regional Council — Court of Appeals Opinion No. 42306-1-I

Notes

Washington Court of Appeals Division One published opinion (No. 42306-1-I, filed November 15, 1999) in City of Des Moines, City of Burien, City of Federal Way, City of Normandy Park, City of Tukwila, Highline School District No. 401, and Airport Communities Coalition v. Puget Sound Regional Council, Executive Board of PSRC, Port of Seattle, and Commissioners of the Port of Seattle. Case concerns whether PSRC’s Resolution A-96-02 amending the Regional Transportation Plan (RTP) to include planning for a Third Runway at Seattle-Tacoma International Airport violated RCW 47.80.023(2) of the Growth Management Act (GMA) by failing to ensure consistency with local comprehensive plans. Court agreed with PSRC and Port of Seattle that regional plan prevails over local plans when conflict exists after coordinated GMA planning process. Also references VISION 2020, Flight Plan EIS, PSATC, 1988 Regional Air System Plan (RASP), and 23 U.S.C. § 134.

Sidebar On/Off

As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

continue...

V V

Notes

Message