When necessary, we litigate to hold local jurisdictions accountable to environmentally protective laws.
current case
City of Oak Harbor v. WEAN
Overview Of Litigation Against Oak Harbor
What Happened: On August 13, 2024, the Oak Harbor City Council voted to pass Ordinance 1999, which affects an election provision in the city code that previously granted citizens of Oak Harbor the right to vote whenever the City proposes to sell or transfer public park lands to a private entity.
What We Did: On August 30, 2024, WEAN filed a complaint against the City of Oak Harbor, asserting that the city failed to follow the State Environmental Policy Act (SEPA) when passing the ordinance as a non-project action. WEAN's initial filing also contended that the city council violated the Washington State Constitution. The complaint asked the court to vacate and reverse Ordinance 1999. Both parties requested a motion for summary judgment in the case, which was heard in Island County Superior Court on April 11, 2025. The Island County Superior Court granted Oak Harbor summary judgment, dismissing both of WEAN's complaints.
WEAN is appealing this decision. WEAN's appeal asserts that the Island County Superior Court erred in granting the City summary judgment and dismissing WEAN’s SEPA claim. WEAN is now asking the State Court of Appeals to reverse that decision. The appeal is currently awaiting a court date in the Court of Appeals of the State of Washington, Division II.
Why It Matters: It is necessary for Oak Harbor to assess the environmental impacts of the ordinance change on all parks within the City's limits and engage the community in the process of that assessment. If the city council is going to take away the voting provision within the ordinance — which would require the public to participate in every transfer of public parkland — the City must consider all of the environmental impacts of this ordinance amendment through a SEPA determination to properly assess how this change might impact the city's parks now and in the future.
Recent Legal Filings
List of Services
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Oak Harbor v. WEAN: Court of Appeals Opening Brief, Oct 20, 2025
In this lawsuit and appeal, Whidbey Environmental Action Network (“WEAN”) argues that the City’s passage of Ordinance 1999 violates Washington’s State Environmental Policy Act (“SEPA”). With respect to SEPA, WEAN’s claim is that the City’s passage of Ordinance 1999 constitutes an “action” for which the City was required to evaluate potential adverse environmental impacts prior to adopting the challenged ordinance. The superior court erred in granting the City summary judgment and dismissing WEAN’s SEPA claim. WEAN now asks this Court to reverse.
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Oak Harbor v. WEAN: Island County Superior Court Transcript Motion of Summary Judgement, April 11, 2025
Island County Superior Court granted Oak Harbor motion of summary judgement.
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Oak Harbor v. WEAN: City Of Oak Harbor Answer And Affirmative Defenses, Sept 19, 2024List Item 2
The City admits that in 1997 the City of Oak Harbor chose to adopt a law that required citizen approval in an election for disposal of developed park land under certain circumstances. As to the remaining allegations or inferences contained in the Complaint, the City denies the same.
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Oak Harbor v. WEAN: WEAN Complaint Against City of Oak Harbor, Aug 30, 2024List Item 1
On August 13, 2024, the Oak Harbor City Council voted against the will of the people to pass Ordinance 1999, which greatly impacts an election provision in the city code that previously gave the citizens of Oak Harbor the right to vote any time the City proposes to sell or transfer public park lands to a private entity. Ordinance 1999 took away this important right of the people, as an alleged “impediment” to a private developer’s proposal to pave over a significant portion of Hal Ramaley Memorial Park in downtown Oak Harbor, for use as a hotel parking lot. This lawsuit challenges the City’s passage of Ordinance 1999.
In The News
Judge Grants City’s Motion For Summary Judgment In Litigation Over Oak Harbor Parkland Code, South Whidbey Record
WEAN’s complaint for declaratory judgment and constitutional writ of certiorari was dismissed.
City, WEAN Ask For Summary Judgment In Park Lawsuit, From Whidbey News-Times
A judge in Island County Superior Court is set to hear arguments in the motions for summary judgment.
Environmentalists Sue Oak Harbor Over Ordinance, From Whidbey News-Times
WEAN alleges Ordinance 1999 violates the state’s code of ethics for municipal officers and SEPA.
City Loosens Restrictions On Trading Parkland, From Whidbey News-Times
The Oak Harbor City Council passed an ordinance that will loosen the restrictions on trading park land.