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JUDGE RULES AGAINST 'SPOT ZONING' OF STATE TRUST LANDS; LANDS COMMISSIONER BOYLE OFFERS PURCHASE OPTION ON BANNER SCHOOL PARCEL

 JUDGE RULES AGAINST 'SPOT ZONING' OF STATE TRUST LANDS; LANDS


COMMISSIONER BOYLE OFFERS PURCHASE OPTION ON BANNER SCHOOL PARCEL
 SHELTON, Wash., Jan. 13 /PRNewswire/ -- The following was released today by the Washington State Department of Natural Resources (DNR):
 Mason County Superior Court Judge James B. Sawyer II today struck down an emergency ordinance passed last June in neighboring Kitsap County. The ordinance down-zoned all state trust lands in rural Kitsap County. The state Department of Natural Resources filed suit against Kitsap County and the Board of County Commissioners claiming the ordinance was spot zoning and that it unlawfully discriminated against state trust lands -- including the Banner School property in south Kitsap County.
 "The citizens of Kitsap County have made their interest in the Banner School property very clear and I want to be responsive," said Public Lands Commissioner Brian Boyle. "Consequently, I have directed DNR to offer the Kitsap County commissioners the same purchase option agreement on the Banner property that was offered on Oct. 7." Under the commissioner's offer, the county is requested to respond by Feb. 13.
 When the DNR lawsuit was filed in late September, the department and Kitsap's county commissioners were negotiating a purchase option agreement on the 640-acre Banner School parcel located near Olalla in south Kitsap County. When the proposed agreement was later turned down by the county commissioners, DNR decided to pursue the lawsuit.
 "Judge Sawyer's ruling clearly shows that down-zoning or spot zoning only DNR property is discriminatory and threatens our ability to best manage the state's trust lands," said Boyle. "In light of the court decision -- and not forgetting our previous efforts to negotiate a sale of the Banner School parcel to the county -- I would welcome an early expression of interest from Kitsap County that it would consider paying fair market value for the property."
 The DNR also is an active participant in Kitsap County's review and discussion of countywide forestry issues as part of the urban growth roundtable. DNR District Manager Howard Thronson serves on the roundtable.
 The suit was filed in Mason County because when a county is the subject of a lawsuit by the state, the state has the option to file in the county in question or in an adjacent county.
 -0- 1/13/92
 /CONTACT: Peter B. Summerville of the Washington State Department of Natural Resources, 206-753-5330/ CO: Washington State Department of Natural Resources ST: Washington IN: SU:


SC-LM -- SE008 -- 9234 01/13/92 16:46 EST
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Publication:PR Newswire
Date:Jan 13, 1992
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