Kitsap Alliance June Dinner Changed to Thursday 21 June

This Month’s Dinner is advanced to Thursday 21 June due to a schedule conflict at McClouds. This Month’s Dinner will be on June 21st  at 5 PM.

Our Dinner Speaker for June will be Jack Hamilton. He has promised to give us his thoughts on local issues affecting Kitsap County. Ask him about his book: The American Political Conservative: Your Personal Determination To Preserve Individual Freedom And Liberty.

Please join us for a lively discussion and exchange of information. We meet at 5PM at McClouds Grill House, 2901 Perry Ave East, Bremerton WA 98310.

 

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Can an administrative agency strip you of your right to put on evidence?

How to destroy constitutional rights:
Step 1: Force property owners to try their cases before an agency that CAN’T DECIDE constitutional issues.
Step 2: If the property owners appeal to a court that CAN decide them, just block the owners from submitting ANY evidence about them.

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an administrative agency that lacks the authority to decide constitutional issues. Although this requirement was meant to streamline the ordinary types of legal challenges arising from land-use regulation, it is a frustrating and often futile endeavor for anyone asserting constitutional claims. A recent decision from a Washington trial court took that process from the realm of the frustrating to the unconscionable.

In 2014, the City of Bainbridge Island recently adopted one of the most aggressive shoreline protection ordinances in the State. Among other onerous provisions, the City enacted laws forbidding homeowners from gardening without permit approval and generally declaring “all human activity” within 200 feet of a shoreline illegal without government approval. Back in 2014, several shoreline residents challenged the ordinance as violating a number of constitutional provisions in the case Preserve Responsible Shoreline Management v. City of Bainbridge Island.

The case went to the Growth Board first, which unsurprisingly upheld the ordinance against PRSM’s statutory challenges. The case then went to the superior court to hear PRSM’s constitutional claims. That’s where things went terribly sideways. Several of PRSM’s constitutional claims require evidence of the ordinance’s impact on fundamental rights. That type of evidence can be very simple. For example, PRSM offered a brief statement from a local resident that gardening and landscape design is expressive conduct—a statement that could be accomplished in a 3-page declaration.

The City, however, argued that because the case was technically “on appeal” from an administrative agency, PRSM had no right to put on any evidence of its constitutional claims. PRSM called the City out on its nonsense, pointing out that every citizen has a right to put on evidence necessary to prove the elements of a constitutional claim when that claim is properly raised for the first time before the court that has exclusive and original jurisdiction. Without addressing this argument (or the law requiring evidence), the trial court refused to allow PRSM to submit any evidence.

PLF attorneys sought immediate appellate review of the trial court’s decision because trying its constitutional case without the ability to offer the evidence required would be futile. PLF argued that fundamental notions of due process demand that litigants be provided a fair opportunity to put on evidence. The fact that land-use challenges must go through an administrative agency before they can be filed in the superior court does not strip individuals of that fundamental right. Earlier this week, the Court of Appeals granted direct review of this important question. We expect the issue to be briefed and argued by the end of the year.

Pacific Legal foundation Article by Brian Hodges

May 31: Dinner Meeting Speaker Michael Gustavson

Our May Dinner Speaker is Michael Gustavson Vice President of Kitsap Alliance of Property Owners. Mike will tell us what is happening with the Native Americans and water rights. He will discuss the testimony we presented on State House and Senate Bills while they were in session.

Please join us for a lively discussion and exchange of information. We meet at 5PM at McClouds Grill House, 2901 Perry Ave East, Bremerton WA 98310.

See you at dinner

 

Apr 26: Dinner Speaker Russ Shiplet Executive Director KBA

Our April 26 Dinner Speaker is Russ Shiplet, the New Executive Director of the Kitsap Building Association. Russ Shiplet has lived and worked in and out of Kitsap Co. for nearly 33 years.  He has served in the US Navy, taught middle and high school math and computer technology at Klahowya Secondary School and King’s West, worked at Puget Sound Naval Shipyard and NUWC Keyport.

Please join KAPO with Mr Russ Shiplet, Director of the Kitsap Building Association, on April 26th at 5:00 pm. Our meeting is at McCloud’s Grill House, 2901 Perry Ave., E. Bremerton 98310. NO RSVP. Order your dinner and sit down for an evening of information and friendship.

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Jun 21: KAPO Dinner Speaker Jack Hamilton

This Month’s Dinner is advanced to Thursday 21 June due to a schedule conflict at McClouds. This Month’s Dinner will be on June 21st  at 5 PM.

Our Dinner Speaker for June will be Jack Hamilton. He has promised to give us his thoughts on local issues affecting Kitsap County. Please join us for a lively discussion and exchange of information. We meet at 5PM at McClouds Grill House, 2901 Perry Ave East, Bremerton WA 98310.

May 31: Dinner Speaker Michael Gustavson

Our May Dinner Speaker is Michael Gustavson Vice President of Kitsap Alliance of Property Owners. Mike will tell us what is happening with the Native Americans and water rights. He will discuss the testimony we presented on State House and Senate Bills while they were in session.

Please join us for a lively discussion and exchange of information. We meet at 5PM at McClouds Grill House, 2901 Perry Ave East, Bremerton WA 98310.

See you at dinner

Mar 27: Ruckelshaus Center Roadmap to Washington State’s Future

The William Ruckelshaus Center will be hosting a workshop for Kitsap County on March 27, 2018 from 12:30pm – 4:30pm at the Norm Dicks Government Center, 345 6th Ave., Bremerton, WA

My name is Molly Stenovec and I represent a project being conducted by the William D. Ruckelshaus Center (Center), a joint program of Washington State University and the University of Washington. The Washington State Legislature has asked the Center to conduct a two-year project to create a “Road Map to Washington’s Future.” The purpose of the Road Map to Washington’s Future project is to articulate a vision of Washington’s desired future and identify additions, revisions, or clarifications to the state’s growth management framework of laws, institutions, and policies needed to reach that future.

In order to understand how the framework aligns with, creates barriers to, and/or supports the desired future of the communities it is meant to serve, we will be conducting workshops beginning in January 2018 through December 2018 across the state with individuals and representatives of entities with a role, interest, or knowledge of the planning framework. We will also be conducting individual and group interviews, as well as workshops with government elected officials to better understand the issues, challenges, strengths, and potential solutions or improvements to the planning framework.

The Center will be hosting a workshop for Kitsap County on March 27, 2018 from 12:30pm – 4:30pm at the Norm Dicks Government Center, 345 6th Ave., Bremerton, WA.

The information gathered from workshops will be used to inform the Center’s recommendations about what may need to change to improve the state’s planning framework to best serve the desired future. Because there is a relationship between the state’s planning framework and local impacts/needs, it is important that recommendations be grounded in and reflect local realities, experiences, interests, and aspirations. Key findings and recommendations will be summarized in a final report to the Legislature.

Please click on the following links for additional information about the workshop and project: