The concerted effort to stop the AM radio tower array in Point Roberts is not over, not by a long shot. There are still several levels of appeal open for BBC Broadcasting to take and they are, apparently, planning on using them.
The Cross-Border Coalition to Stop the Radio Towers did win a significant victory last month when the Whatcom County council voted unanimously to uphold the hearing examiner's decision to deny BBC the permit to build the tower array on Point Roberts. The coalition has now won both rounds one and two, and this is cause for celebration, but the battle is far from won.
On March 5, BBC's lawyers filed an appeal of County council's decision to uphold the hearing examiner's decision. The filing was entered under LUPA (Land-Use Petition Act) on the grounds that the hearing examiner erred in his determination that zoning codes limited the height of structures on Point Roberts (including radio transmission towers) and that County council erred in concurring.
The appeal will be heard in Washington Superior Court in Skagit County. This venue move is common in zoning and land-use cases. Appellants, seeking to increase their chance of winning, hope for a more favorable outcome where the case has gotten less publicity.
The appeal process is complex, has many layers and will take many months. The initial hearing where procedural details are worked out is scheduled for mid-April. After that there will be a series of filings from both sides with the actual court date expected in mid-fall.
While this appeal is working its way through the courts the coalition is continuing its efforts in Washington, DC to deny BBC Broadcasting their license renewal and continuing to work with various Canadian agencies to redress the impact that this tower array will have on the residents of Tsawwassen and Point Roberts.
These legal proceedings are expensive. The Skagit County case will probably cost as much as the appeal before Whatcom County council did.
But the coalition is in this fight for the long-term. The battle is over the health, well being and quality of life of the 23,000 residents of a vibrant, international peninsula. It is focused on the vital interests of local businesses, churches, civic organizations, schools and homes on both sides of the border.
The coalition continues to need help from the Tsawwassen/Point Roberts community. There will be a town hall meeting on Tuesday, March 31 at 7 p.m. at the Tsawwassen United Church on 53rd St. where attendees will learn about the legal process and will get information about two upcoming fundraisers. This meeting will also share important new information on the impact of the towers on our two communities.
Additional information is available on http://notowers.webs.com/. Donations may always be made there as well.
Arthur Reber, Ph.D. Cross Border Coalition to Stop the Radio Towers
