Could Island County waive the rule instead of paying Ray Gabelein?
Gabelein says that’s what he really wants, not money. Backers of I-933 insist that the county could indeed give him a waiver. But the language of I-933 doesn’t specifically grant governments new power to waive environmental rules. It only alludes to an existing authority. Land-use lawyers who represent a variety of clients say there’s no legal authority now to waive or grant variances to regulations that were adopted to comply with the Growth Management Act and other key environmental laws. That leaves monetary compensation. Two recent studies — one from the state budget office, the other from a University of Washington institute — estimated I-933 claims could cost taxpayers billions of dollars. But I-933 backers say that actually shows how much property owners stand to lose if the initiative doesn’t pass. Richard Stephens, a lawyer who helped draft I-933, argues governments already can grant variances to growth-management rules, so they could do the same under I-933. 2. What about lan
