BREAKING NEWS: Superior Court rules in favor of County in Town-County fairgrounds water dispute

Tuesday, January 7, 2025
by Jeff Noedel

San Juan County Superior Court Presiding Judge Kathryn C. Loring has ruled in the lawsuit filed by San Juan County government against the Town of Friday Harbor over the County’s water rights at the County fairgrounds.

Specifically, the judge ruled against the Town’s “Resolution 2850,” which it adopted on May 2, 2024. In that resolution, the Town upheld a February 9 Notice of Violation and declined to continue mediation with the County. A dispute between the two governments had been brewing since the late 1980s.

The Town has argued that it exists to serve the citizens of the Town, and must preserve and protect its finite fresh water supplies and the output of its water treatment plant.

On May 21, 2024, San Juan County filed a lawsuit against the Town of Friday Harbor, ostensibly to protect access to potable water at the County Fairgrounds.

The judge’s decision is highly technical, exploring grammar and definitions of words like “use.” Much is written about differences of opinion about the Town’s water department “customer classes.” It is a deeply researched opinion.

Ultimately, the judge writes, “I agree with the County’s legal argument. I hold that the Town Council in Resolution 2850 failed to apply any legal standard, particularly that which formed the basis for the Notice of Violation and therefore constituted an error of law.

“Considering the substantiality of the evidence in light of the whole record, I conclude that there is not sufficient evidence to persuade a rational, fair-minded person of the Town Council’s Findings Nos. 2-4, and therefore substantial evidence does not support the Town’s decision.

“…Town Council Resolution 2850 is based on an error of law and is unsupported by substantial evidence, and therefore reversed.”