September 14, 2005
The people's lawyer

Rob McKenna ran for Attorney General in order to be the "people's lawyer". He seems to be making good on that promise. In recent weeks he's filed two amicus briefs with the Supreme Court, defending the people against out-of-control government:

1. McKenna is siding with rural King County residents who seek to file a ballot initiative challenging the Critical Areas Ordinance.

2. McKenna is also defending I-776 and urging the Supreme Court to prohibit Sound Transit from collecting its unlawful car tab tax.

Rob McKenna is speaking at the Downtown Seattle Republican Club dinner meeting next Monday, September 19th. Space is still available. RSVP today (email me: theshark .AT. usefulwork .DOT. com)!

Posted by Stefan Sharkansky at September 14, 2005 12:40 PM | Email This
Comments
1. Is he prosecuting those who cast illegal votes?

Posted by: Colin on September 14, 2005 01:21 PM
2. There are lots of property owners here in Thurston County who are outraged by our county commissioners latest plans for development or lack thereof.

Maybe it's time for Washington State property owners to take up the Oregon initiative.

Rob Mckenna might make an interesting candidate for Govenor in the future.

Posted by: sgmmac on September 14, 2005 01:36 PM
3. I wanted him to run for governor last year. What about Senator?

Good speaker so it should be a good get together.

Posted by: swatter on September 14, 2005 02:13 PM
4. Bout time, none of the current administration, unfortunately including some of the current republicans, have a clue or give a rip what the people of this state want or need.

Let's give em a clue with I912 passing, Sim's losing, and a real election with legal voters!

A rather novel approach to democracy!

Posted by: GS on September 14, 2005 04:17 PM
5. Hooray for Mckenna for fighting all three of these issues!! That takes guts!!

Posted by: Laurie on September 14, 2005 04:21 PM
6. I wish McKenna would get more media time on these issues!

The people of this state need to know that these issues are still unresolved. (as much as the liberal Democrats love to create the *perception* that these rules, fees and ordinances are set in stone and the little people can do nothing to stop them!) Voters need to know *now* that there is someone in authority who is looking out for their interests!

Rob McKenna - by his actions against these issues - makes a loud statement for the people! Citizens will see this and say "Hey! It's not a done deal?" "We can still fight this?" This can change the mood of the people from hopeless and complacent to inspired and motivated to regain their rights once again!.

And we all know what happens when the people feel empowered......

Posted by: Deborah on September 14, 2005 05:48 PM
7. Well, that IS unusual. Someone in Olympia working for citizens instead of the gansters in power there and the special interests that feed them.

Posted by: BananaLand (aka Iguana) on September 14, 2005 08:03 PM
8. What position does the AG's office take in Henry Aronson's case that alleges the SMP's car tab tax is illegal?

Posted by: Harold on September 14, 2005 08:32 PM
9. '08 baby...

Posted by: Right Wing Kook on September 14, 2005 09:39 PM
10. Yeh 08 Baby...In the meantime we will have some fun wiping out Queen Gregoires massive tax increases!

Posted by: GS on September 14, 2005 10:40 PM
11. Kudos to McKenna. Nice to see someone in Olympia doing the right thing. Once in while an elected offical makes voting and participating seem worthwhile.

That's two wheel barrel fulls out of the Stygian Stables of Olympia.

Posted by: JCM on September 15, 2005 07:25 AM
12. McKenna sure the hell didn't side with rural residents when he sided with Weyerhaeuser and screwed the Bear Creek area. As we sit in miles of traffic today we can all thank Rob for working to ignore the corruption and wrongdoing committed by the county for Redmond Ridge and Trilogy.

He was part of the development machine then, and his opposition to the CAO is no doubt driven by those old loyalties today.

Now if he decided to investigate the corruption in King County DOT or DDES to defend the taxpayers from billions of dollars in subsidies that we're being forced to pay, then maybe that would show me something.

I'll expect that when hell freezes over.

Posted by: Mike on September 15, 2005 08:07 AM
13. Rob McKenna is a thoroughly impressive guy. So much so, in fact, that King Sims didn't re-nominate him for the Sound Transit board.

Posted by: South County on September 15, 2005 08:41 AM
14. That is a good thing, isn't it SC? I think so.

Notice how much little bad press ST is getting these days? Probably all head-nodders on ST. Don't you agree?

I know a couple on the board and I wouldn't trust them to take out my garbage without screwing it up.

Posted by: swatter on September 15, 2005 09:46 AM
15. Yeah, heaven forbid we protect the environment. Build! Build! Build!

Posted by: Walt on September 15, 2005 10:52 AM
16. No Walt, heaven forbid you reimburse the property owners whose land you have taken (without actually taking possession) for the loss of use of their property so that us city dwellers can use every square inch of our property as we see fit.

Posted by: lesterman on September 15, 2005 11:13 AM
17. Out of curiousity Walt. Where do you propose the increased population lives if you do not build? Why is buiding by definition against the environment? Is it because you have a place to live, and therefore all building should stop - you've got yours, screw everyone else who may find the PNW a good place to live?

Posted by: fred on September 15, 2005 12:45 PM
18. I just think there is a better balance than one or the other, that's all.

Posted by: Walt on September 15, 2005 01:11 PM
19. Lesterman,

"Taking without taking" - what kind of nonsense is that. Property owners everywhere accept limits on their ability to use their property. Those limits are imposed through the democratic process based on what communities (such as King County) deem are in their best interest. The limits also change over time - sometimes becoming more restrictive and sometimes less. The notion of absolute property rights is a myth - it never existed and cannot exist if we are going to live in anything approaching a civil society.

Posted by: Leslie on September 15, 2005 01:27 PM
20. Exactly, lesterman. Walt - put your money where your mouth is. If protecting the environment is that important, then pay for it!
I don't get this mentality of "I can live in my house/apartment/condo, but how dare you build and live in a house/apartment/condo!". Everybody's house at some point used to be forest, so we're all guilty of destroying the environment. It's just that some of us are hypocrites.

Posted by: LMK on September 15, 2005 01:44 PM
21. "The notion of absolute property rights is a myth - it never existed and cannot exist if we are going to live in anything approaching a civil society."

No one ever claimed an absolute right. Parity would be nice however.

I appreciate the irony of urban dwellers who have had the opportunity to develop 100% of their property, and then tsk tsk anyone who would dare complain about an arrogant and indifferent (county) government denying them use of a third or more of their property.

"I got mine - screw you!"

Posted by: alphabet soup on September 15, 2005 01:50 PM
22. Exactly. My issue is with the fact that city dwellers are able to cut down any and all vegetation on their property but because you own a lot that is over a certain size you are SEVERELY limited as to what you can do with a large (1/3 of anything is large) portion of it. If King County wants them to leave 1/3 of the property undeveloped then they should buy 1/3 of all property from said landowners. This isnt about setbacks or any other civilized restrictions. This is a virtual land grab without proper compensation.

Posted by: lesterman on September 15, 2005 02:12 PM
23. Sure about your facts Leslie? Yes, communities use the democratic process to control and shape themselves, but that is not what CAO is about. Don't follow all the details, but dem. process definately went out the window when the community rose up in objection, and then was told "too bad, because we are not going to let you object to this. We have taken away your rights to object, change, or remove this ord." Property usage limits also change over time, becoming more restrictive...BUT never LESS restrictive.

Walt...it's not about protecting the environment or overbuilding. Federal statutes only allow development in areas cleary defined by local authorities. Let's say you purchased a 3 bedroom house, but after you move in you are informed that 3 bdrms are no longer allowed? Now not only do you only have a two bdrm house that no longer fits your needs, but you are still being taxed for a 3 bdrm home. After your purchase and against your wishes, a portion of your property is no longer available for your use, your property value may be less, but you are still required to pay the higher tax rate.

Posted by: dl on September 15, 2005 02:14 PM
24. As far as the cao goes, Sims appointed a liason for short term to "help with the explaination" of the code. I don't recall her name but she lived on the next parcel to a relative of mine. Talk about a hell hole. The "developed" part of her land looked like a lot in Biloxi today. Her door was held closed by a bag of dog food. There were 3 parcels of property before you got to hers on the easement road. She demanded they (the owners) cut back the trees and bushes as they were closing in on the UPS and FedEx trucks. She was running a business out of her home which WASN'T zoned for business. Hypocrit!

Posted by: PC on September 15, 2005 02:20 PM
25. "Those limits are imposed through the democratic process based on what communities (such as King County) deem are in their best interest."

Democratic process? Hah. Ever heard of the Growth Management Hearings Boards? Ever elect those members? Ever been impacted by one of their rulings? Ever try to overturn one of their decisions?

Gimme a friggin' break. Whether it's King Co's CAO, the GMA Boards or the City of New London, CT, properties rights have been under attack by elected officials, un-elected bureaucrats and environmental zealots for quite some time. And a lot of people have had quite enough, thank you.

Posted by: jimg on September 15, 2005 03:30 PM
26. For the envirofreaks above, it isn't that the people don't realize buffers are okay, but the objection is to the extremes proposed in the cao. There are only a few that are opposed to all buffers.

I remember a conversation about 10 years ago with a Wildlife agent about buffers. A 25 foot buffer was good to protect the stream in the urban area, but he was demanding 75 feet in a stream that never had any fish- ever. As we got to jawing, he got wilder and wilder. From 75 feet, he went to 100 feet, then 200 feet, then 300 feet until he finally admitted that there should be no development.

Posted by: swatter on September 15, 2005 03:34 PM
27. So, if "best science" says the County should have 65% of my land because it is "good" overall... Why don't they take 100% which would be "better" and still expect me to pay the tax on the land?

Hmm, I could pay the taxes and live over in the tent cities.

Posted by: Ted Bundy on September 15, 2005 04:11 PM
28. I have it on good authority that King County's own legal council notified the KC council that the Storm water and Clearing and Grading ordinances are not required by the GMA and therefore are not exempt from citizen referendum. However by the time this winds its way through the courts, I'll have been years without the ability to use my property as I see fit.

Posted by: Dan on September 15, 2005 04:32 PM
29. Leslie,

Interesting to see a socialist posting here. You seem to think that the 'best interests' of communities trump individual property rights. Of course, you couldn't be more wrong about the history of Western law and economics, but why let history and facts get in your way?

"The limits also change over time - sometimes becoming more restrictive and sometimes less." Very true. Each time the restrictions on private property increase, the value of said property decreases. This is a fact. You can try to argue this, but you'll only end up looking foolish.

Enter in the CAO - which places restrictions on 65% of rural landowners property in King County (while we urban dwellers can do whatever we damn well please on 100% of our property). Most people purchased their 10 acres knowing that they could use ALL 10 acres - now they can only use 3.5 acres. Does that devalue their land? Absolutely. Have they been compensated for this devaluation by the county? Not a chance. Is this fair? Maybe according to you, but you're a socialist - remember?

dl's example is perfectly appropriate. Imagine that you bought a 3-bedroom house in the city, then the city passed an ordinance that two of your bedrooms had to remain in their 'natural state' (the state that they were in when the law was passed). You can't paint them, you can't rearrange the furniture, put in or take out carpeting, nor anything else. If one of the bedrooms burns to a cinder, you can't even replace it. Would this devalue your 3-bedroom house? Absolutely - right? What's different about the CAO?

With the CAO, King County just devalued the land of thousands of private property owners without due compensation for the devaluation of their property. This is a 'taking with a taking' - and it's not nonsense. If the county wants to put in a highway, they have to pay you fair market value if they want to buy all or part of your property so that they can use it (or not use it) as they please. But they're allowed to restrict usage (not zoning, remember) of private property without taking it?

Where do you live, Leslie? In Seattle? How would you feel if you couldn't determine the use of 65% of YOUR property? Want a flower bed next summer? Sorry. Want to plant a small garden? Nope. Want to add a deck on, or put in a path through your yard? You're already using 35% of your property, so you can't. Is this really the path to your definition of a civil society?

Posted by: Larry on September 15, 2005 05:22 PM
30. If Dino Rossi decides not run for Governor again in 2008 - Rob McKenna has already far outshown his predecessor as AG and I'd like to see him take her on, hopefully with a new King County Exec (David Irons) by then so that this election can be administered on a level playing field.

Posted by: KS on September 15, 2005 05:31 PM
31. Swatter, I wish he had stayed on the Sound Transit Board. He was the only source for facts and objective judgment. He was blowing the whistle long ago.


I guess he wouldn't be on it now anyway. The reason he wasn't re-upped was that Sims wanted yes men on the Board, and McKenna is not one of those.

Posted by: South County on September 15, 2005 05:57 PM
32. I asked McKenna to overturn his staff's position that the Legislature could "refund" gas taxes in grants to environmentalists, thereby eviscerating the Constitutional requirement that gas taxes be spent on highways or refunded, and he refused. I no longer respect his claims of embodying a new ethic of restoring government conduct in compliance with law.

Posted by: James Buchal on September 15, 2005 06:50 PM
33. She was running a business out of her home which WASN'T zoned for business. Hypocrit!

You don't need to be zoned for business to run one out of your home, as long as you meet certain criteria. I converted my spare bedroom into an office and run my side business out of there.

Whether someone would want to run one out of the dump you described is a different story (personally, if I were a potential client and saw the place, I'd run like hell).

Posted by: Mike H on September 15, 2005 07:48 PM
34. These same land grab tactics are ensuing here in Thurston County and all across the state with updates to critical buffers and designating more land as wetlands. The environmental lobbyists have taken control of state and local government officials and proclaimed they have the best available science. This of course, is just a line of crap. Wildlife is in abundance; the herds of deer on my property have no predators and are over populated. The over fishing of salmon that the tribes just gut solely for their eggs and then throw the remainder of the fish into Hood Canal creating the nitrogen imbalance are just a part of the real reason we taxpayers are now paying to save the wetlands and streams. These are all just excuses because you all know those salmon are more important than our freedom and private property rights according to the Queen.

The 1000 Friends of Washington, now Futurewise, are the root of all evil against private property owners and will not rest until development is completely halted in our state. These wacko environmentalists must be stopped if any of us are to live in the state that’s population continues to grow despite all the freaking liberals. They proclaim to have the best science and will fabricate “facts” to substantiate their fiction. They are working against growth and won’t rest until it’s stopped.

Thank GOD for AG McKenna to take a stance against these out of control environmentalist.

Posted by: SP Fan on September 15, 2005 08:17 PM
35. When McKenna goes after the gestapo thugs at Division of Child Support is when I'll believe he's the people's AG.

When McKenna decides to find out why Seattle police officers killed Perry Manley on FEDERAL property is when I'll believe he's the people's AG.

When McKenna decides to find out why the Brame autopsy reports have still not been released to the public is when I'll believe he's the people's AG.

When McKenna orders Risk Management and his own deputy AGs to try to settle tort claims instead of formally litigating everything is when I'll believe he's the people's AG.

I hope I don't have to wait until pigs fly.

platypus

Posted by: platypus on September 15, 2005 08:35 PM
36. Let's review:

"When McKenna goes after the gestapo thugs at Division of Child Support is when I'll believe he's the people's AG.

"When McKenna decides to find out why Seattle police officers killed Perry Manley on FEDERAL property is when I'll believe he's the people's AG.

"When McKenna decides to find out why the Brame autopsy reports have still not been released to the public is when I'll believe he's the people's AG.

"When McKenna orders Risk Management and his own deputy AGs to try to settle tort claims instead of formally litigating everything is when I'll believe he's the people's AG.

I hope I don't have to wait until pigs fly."

Yo, Plat. He's been in office 8.5 months.
Take a deep breath.

Posted by: jimg on September 15, 2005 09:51 PM
37. Larry,

I do live in Seattle and my 6000 sq ft lot is subject to many restrictions, including a limit on how much of I can build on, set backs and height restrictions. The notion that urban property owners can do what they want with their property whereas rural oweners cannot is false. Both property owners live with restrictions and the restrictions are imposed through a democratic process. The restrictions do get less strict in certain circumstances (for example, my neighborhood has experienced an "up zone" where the height limits on nearby properties were increased, thus allowing property owners to build taller buildings). The GMA and other land use regulations weren't foisted on Washington by an act of god - the democratically legislature enacted them. The restrictions have helped encouraged responsible growth which is for the long term benefit of all of the citizens of our state.

Posted by: Leslie on September 15, 2005 10:11 PM
38. "I do live in Seattle and my 6000 sq ft lot is subject to many restrictions, including a limit on how much of I can build on, set backs and height restrictions."

Yeah...But I'll bet you can pick blackberries without a permit! Don't you wish you could just move to the country and have a beautiful view without height restrictions? (OOPS! I guess that American dream has been dashed for the sake of some unrealistic Socialist/communist nightmare!)

Leslie,

You have a limited view of home and land ownership. Your interpretation of Democratic process is laughable! And very revealing of your socialist bent.

"Both property owners live with restrictions and the restrictions are imposed through a democratic process."

Are you joking? There was nothing Democratic about the process of imposing these oppressive restrictions on rural land owners! The people were not allowed to vote on this and the liberal Democrat legislature sold out to rabid enviro special interests! Why? Because our state is currently plagued with liberal Democrats - many who were elected with the aid of fraud and corruption. That *party* is now the home of socialist and communists and bears no resemblance to the Democrat party of old! There is nothing *Democratic* about these oppressive laws! Other than they share the name *democrat*.

You chose to live in *density* - many others find that life style undesirable. Your density creates an enviromental nightmare among other things. Rural landowners take care of their properties and generally enjoy the beauty of nature. You live in a concrete jungle. Apples and oranges.

You really have to get a new script! People just aren't falling for the old scare tactics. Our state's population mainly runs along a thin line of interstate. There is no threat of the population ever taking over any substantial land area here - outside of those thin lines. It is those in favor of density who are building like mad in rural areas. It is those with your ideology who are actually ruining our lands. Building 32 homes on 2 acre plots! We moved to Kent to be away from the madness of density. We love the natural beauty here. But Ron Sims can't stand a meadow! He has to destroy it and build another dense community! He can't stand stream without modifying it! He is a menace to nature and so are those who think like you. It's all about power and taxes and revenue under the guise of some bogus enviromental concern!

Posted by: Deborah on September 15, 2005 11:26 PM
39. Department of Ecology is really flying low on the radar on this cao controversy. They are the ones mandating the huge buffers.

Do you know in which State the current Governor was previously the AG and previously was Director of Ecology? Do you know she doubled the budget of that department under her reign before moving on to AG and Governor? It was under that reign that she sometimes had her AGs ignore court cases because they "were too busy".

Let's put some of the blame where it belongs on the King County mess.

Posted by: swatter on September 16, 2005 07:44 AM
40. To jimg,

You're right, of course. So as of now, I'm holding my breath.

However, if I turn blue then it's all your fault.

platypus

Posted by: platypus on September 16, 2005 10:00 AM
41. Washington is blessed to have this man at the helm in the AG's office!!!

Posted by: Michele on September 16, 2005 05:17 PM
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