Regatta Estates lawsuit against Frognal/Baxley Ridge developers continues

Regatta Estates filed a Land Use Petition Act (LUPA) lawsuit August 1, 2022 in Snohomish County Superior Court against developer Lennar NW and Snohomish County PDS for issuing building and sewer permits and approving a revised landscape design plan on the Frognal/Bexley Ridge project that violate previously submitted and approved documents. The upcoming schedule for the lawsuit is as follows:

  • September 8, 2022 at 1pm—Initial Hearing (where the defendants Lennar and Snohomish County can raise various defenses)
  • October 21, 2022—Production of County’s administrative record
  • October 31, 2022—Regatta’s deadline to supplement the record (e.g., with any new material that we want the judge to consider)
  • November 15, 2022—deadline for Regatta’s opening brief
  • December 6, 2022—deadline for the response briefs of the county and Lennar
  • December 13, 2022—deadline for Regatta’s reply brief
  • December 20, 2022 at 9:30 am—hearing on the merits (where the case is argued orally)

Regatta Estates’ goal is to get the terraced, tree-landscaped wall installed, as was originally approved by both the Hearing Examiner and PDS.

While a code change will not affect this lawsuit, please let your County Councilmember know that a code change is required to prevent PDS from approving future monster, un-landscaped retaining walls that are a visual blight on the community and can be built right on the property line.

SKWC supports the Regatta Estates appeal and encourages donations to help in this appeal at its website